Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Accused never made any demand of dowry either from deceased or from her parents - PW9, PW3 who first seen body of deceased in well have also not stated about any dispute between accused and deceased - Deceased herself was a short tempered woman and many a time she used to plunge into dispute in..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation against mother-in-law/A-2 - Deceased wrote a letter to her brother-in-law PW5 regarding ill-treatment made to her by A-2 - However, prosecution prima facie failed to establish that said letter was actually written by deceased on fateful day and it is only deceased who had sent said letter to..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 25 -- Dowry death - Cruelty - Allegation against mother-in-law/A-2 - Confession of A-2 before police is not admissible in law - Reliance upon such confessional statement of A-2 for fastening criminal liability upon her by trial Court not sustainable - A-2 acquitted...........
Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - Date, year and time etc. of alleged dowry demand as well as manner of torture not mentioned - No supportive evidence as regards such payment of dowry except herself - Her father and other family members not examined in support of her statement that she was subjected to torture and about such payment - None of witnesses..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Story of torture and pouring kerosene oil on deceased by accused appears to be introduced for first time in FIR and that too on death of deceased after 26 days of occurrence of incident - Lodging of FIR after 26 days when deceased was alive with only 47% burn injury naturally raises a question..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Suicide note - Prosecution has not been able to prove that there was any harassment of deceased on account of any demand for property or any valuable security - None of witnesses have deposed with regard to any demand - Allegation that accused used to beat deceased not established - Further allegation in suicide note that..........
Indian Penal Code, 1860, Section 498A, 406 -- Offence u/ss 498-A, 406 IPC - No specific allegation of any entrustment of any article having been made to any of accused - No convincing evidence from which an inference could be drawn that complainant was subjected to alleged harassment so as to pressurize and coerce her to meet unlawful demands of dowry of accused - Accused..........
Indian Penal Code, 1860, Section 498A, 406, 323 -- Cruelty - Complainant could not bring home case against accused by leading evidence proving commission of alleged offences beyond all manner of doubt - Two Courts below have recorded concurrent findings of fact in this regard - No infirmity found in said findings - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 498A, 406, Evidence Act, 1872, Section 3 -- Cruelty - Appreciation of evidence - Appeal against acquittal - There is no specific instances of cruelty suffered by deceased at the hands of her-in-laws which were continuous thus, there is no live link between demand so made by accused persons and death of deceased - Trial Court rightly..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Allegations of harassment very general in nature - In fact, said allegations against accused appears for first time at the time of filing FIR - Reliance on general oral testimonies of PW, without any supporting evidence would be misplaced - There has to be positive action that creates a situation..........
