Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - It is necessary to establish offence u/s 498-A IPC to prove charges u/s 304-B IPC...........
Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 113B -- Cruelty - Dowry death - In order to establish offence u/s 304-B IPC, presumption u/s 113-B of Evidence Act cannot be raised against accused until independently offence u/s 498-A IPC is proved by leading evidence of specific allegation with regard to time and date of such demand and cruelty and..........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Deceased died due to hanging within one year of her marriage - Prosecution, however, failed miserably to establish beyond reasonable doubt that any cruelty and harassment was meted out to deceased by accused let alone soon before her death - Testimony of PWs to the effect that gold bracelet and..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 32 -- Dying declaration - Murder - Cruelty - Death by burning - Deceased stated in her parcha byan that accused poured kerosene oil upon her and set her on fire - Statement of deceased recorded when she was seriously injured that too after 4 days from the date of her admission to hospital - No..........
Criminal Procedure Code, 1973, Section 438(2), Indian Penal Code, 1860, Section 498A, 406 -- Anticipatory bail - Imposition of a condition to produce bank guarantee of Rs.20 lacs - Condition is onerous and thus deleted...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 32(1) -- Summoning of additional accused - Dying declaration - Dowry death - It is apparent from FIR that specific allegation of demand of dowry is only against husband and not against any other person - Dying declaration of deceased recorded by Judicial..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 326, 498A, Dowry Prohibition Act, 1961, Section 4 -- Delay in lodging FIR - Grievous hurt - Cruelty - Dowry demand - FIR lodged by mother of victim - Delay duly explained by victim which is corroborated by her mother, as victim was put to fire being tortured for demand of dowry and secretly..........
Indian Penal Code, 1860, Section 326, 498A, Dowry Prohibition Act, 1961, Section 4, Evidence Act, 1872, Section 106 -- Grievous hurt - Cruelty - Dowry demand - Burden of proof - Prosecution successfully established that burn injuries to victim caused in the house of accused - Burden thus, shifts upon accused to explain those injuries u/s 106 of Evidence Act, which burden..........
Indian Penal Code, 1860, Section 326, 498A, Dowry Prohibition Act, 1961, Section 4 -- Grievous hurt - Cruelty - Dowry demand - Victim was put to fire on being tortured for demand of dowry - Defence taken a plea that victim caught fire accidentally - However, Doctor who examined victim stated that injuries could not be caused by accident, as same were caused by pouring..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 326A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Offence u/ss 498-A, 326-A, 323, 504, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Applicant is a minor sister-in-law of first informant - Witnesses of fact turned hostile - Rest of accused including..........
