Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Death within a period of one year and ten months of marriage - Two dying declarations recorded one by Investigating Officer and the other recorded before the Tehsildar - Merely for the reason that there were two dying declarations, prosecution case cannot be doubted - Statement given..........
Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Accused convicted u/ss 498-A, 304-B IPC and Ss.3, 4 Dowry Prohibition Act - Accused in jail for eight yeas and 11 months - Held, long passage of time while remaining in jail or long pendency of appeal do not justify minimum sentence to release the accused when gravity of offence is..........
Indian Penal Code, 1860, Section 304B 498A -- Dowry death - Allegations that accused husband and father-in-law of deceased wife committed dowry death - Mother-in-law and brother-in-law of deceased also arrayed as accused - Offence alleged to have been committed within 7 years of marriage - Contention of accused that deceased committed suicide, deceased being 26 years of..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - There was some quarrel and matter was amicably settled - Wife committed suicide after 10 days - No evidence that during those 10 days deceased was subjected to cruelty and harassment - Prosecution could not prove that deceased was subjected to harassment soon before her death - Conviction u/s 304-B set aside -..........
Indian Penal Code, 1860, Section 304B, 302 -- Suicidal or homicidal death - Conviction u/s.304B IPC altered to S.302 IPC : (a) Deceased died within 1-1/2 years of marriage by hanging; (b) Opinion of doctor that deceased died due to asphyxia and not by hanging; (c) Post-mortem repot reveals that dupatta that allegedly used by victim to hang herself did not bear any wrinkles..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Proof - As per testimony of parents of deceased wife she could have committed suicide due to stomach-ache - No evidence to show suicide was committed due to demand of dowry - There was some quarrel between accused and his wife regarding money transaction - Deceased was also working and was earning salary - Held, on..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Presumption u/s 113-B Evidence Act arises when prosecution spells out the ingredients of the offence - When there is unnatural death within seven years of marriage but third ingredient that there was demand of dowry soon before death is not proved then presumption u/s 113-B Evidence Act does not..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Order of acquittal - Interference therewith - High Court in appeal without assigning any reason came to the conclusion that finding of acquittal recorded by trial court is not based on correct appreciation of evidence - Held, trial court while giving appellants benefit of doubt assigned good and cogent reasons -..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Unnatural death of deceased not established - No material on record to indicate and suggest that any demand for dowry was made or any harassment given to deceased on account of non-fulfillment of dowry demand - Evidence that deceased infact suffered from epilepsy and appears to have..........
Indian Penal Code, 1860, Section 304B, Criminal Procedure Code, 1973, Section 401 -- Dowry death - FIR lodged against accused persons on allegations that deceased committed suicide after consuming poisonous matter as she was tortured by them - Deceased was tortured not for dowry but for not conceiving child - No material on record suggesting element of mens rea - Neither..........
