Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment to suicide - Deceased left her husband prior to her death and was residing at parental house for about 1 year before her death - Prosecution has not lead any evidence to show that accused used to visit deceased at parental house - Prosecution has not produced any document regarding the case..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 304B, 498A, 34, 120B, Arms Act, 1959, Section 25 -- Bail - Dowry death - Cruelty - Prima facie evidence of demand of dowry from deceased and her family - Evidence on record shows that licensed revolver of petitioner was used in the commission of crime - Injuries on the vital part of deceased..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Demand of dowry - Testimony of brothers of deceased is not reliable and trustworthy to connect accused with demand of dowry - Several material improvements and inconsistencies were found in the testimony of PWs, which make the case of prosecution doubtful - No public witness on the record which could connect accused with..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased died within 3 years of her marriage in her matrimonial home due to administration of poison - Post-mortem and burial of deceased conducted in the presence of family members of deceased and they did not raise any doubt about death of deceased at that time - However, after 20 days of incident..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 113B -- Cruelty - Suicide - Death due to poisoning within 3 years of marriage - No evidence on record which demonstrate that accused made any demand of dowry from deceased - Except making bald statements, no evidence adduced by PWs to prove any particular act of cruelty or harassment to which deceased was..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 113A -- Abetment of suicide - Cruelty - Presumption - Deceased committed suicide by consuming poisonous substance within 7 years of her marriage due to harassment allegedly made by accused - However, there is no evidence on record that accused used to demand dowry from deceased and tortured her..........
Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry death - Cruelty - Abetment of suicide - Reduction of sentence - Accused is 99 years of age now - He already suffered sentence of one year nine month - Sentence of accused reduced to period already undergone by him, considering his age and role played by him...........
Indian Penal Code, 1860, Section 304B, 498A, 306, 302, 34 -- Dowry death - Cruelty - Deceased died within 7 years of her marriage as a result of drowning - No marks of injury on the body of deceased were shown in inquest panchnama and post mortem report - Theory that deceased was done to death earlier and thereafter her body was thrown into well, rightly not accepted by..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Rejection of - Justifiability - Wife living separately from her husband, as she was ousted out from the house of her husband on being harassed and tortured on demand of dowry - No evidence on record that eye disease of wife is incurable, as contended by husband - Besides this, wife trying to get..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife living separately along with child - She is legally wedded wife of petitioner/husband - Evidence on record shows that husband demanded dowry, gave beatings to wife and having extra marital affair - Magistrate rightly found that wife is entitled to interim maintenance - Since..........
