Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Demand of dowry - Quantum of sentence - Accused is in jail since 13.3.2013 - Maximum awarded sentence to accused is 10 years - Accused has already undergone eight years and five months of awarded sentence - Sentence already undergone by accused is sufficient to meet ends of..........
Rent and Eviction -- Two partners - Death of both the partners - No clause permitting continuation of partnership by legal heirs - Non residential tenanted premises is deemed to be vacant in law as tenant is deemed to have ceased to occupy the building - Consequently tenanted property has fallen vacant...........
Indian Penal Code, 1860, Section 302, 406 -- Triple murder case - Death by burning - Motive - Allegation that accused/second wife burnt first wife and her two children in order to remove them from her marital life with A-2 - Second marriage had been registered after an arrangement for maintenance was made to first wife for only a portion of property in which all are..........
Indian Penal Code, 1860, Section 302, 406 -- Triple murder case - Death by burning - Non-explanation of eruption of fire in the house by accused would not be held against her, particularly when fire had erupted at midnight when accused and others were sleeping and she came out shouting - Moreover, explanation for cause of fire by accused would arise only if there was any..........
Indian Penal Code, 1860, Section 302, 406 -- Triple murder case - Death by burning - Allegation that accused/second wife burnt first wife and her two children in order to remove them from her marital life with A-2 - However, if she was responsible for such act, would not she have closed the door after coming out of house to ensure that deceased does not come out -..........
Criminal Procedure Code, 1973, Section 256 -- Dismissal of complaint - Non-appearance or death of complainant - If complaint is dismissed for non-appearance or death of complainant, after appearance of accused on service of summons or otherwise, same amounts to acquittal of accused u/s 256 Cr.P.C - Therefore, remedy of complainant is to file an appeal as provided u/s..........
Indian Penal Code, 1860, Section 304B, 34 -- Dowry death - Allegation against brother-in-law - No specific allegation with regard to demand of dowry or harassment in pursuance of said demand against accused - Accused is elder brother of husband of deceased - Husband, father-in-law and mother-in-law of deceased have already died - Alleged letter demanding dowry was written..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Murder - Death by burning - Allegation that accused stuffed cloth in the mouth of deceased was serious and specific against her - However, in absence of any question having been put to her in this regard u/s 313 Cr.P.C, accused seriously prejudiced in her defence...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Murder - Death by burning - Burden of proof on an accused in support of defence taken u/s 313 Cr.P.C is not beyond all reasonable doubt, as it lies on prosecution to prove charge...........
Indian Penal Code, 1860, Section 302, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Murder - Death by burning - Testimony of child witness - Allegation against sister-in-law (jethani) of deceased - PW2/child witness stated that accused stuffed cloth in the mouth of deceased thereafter others tied her up and set her on fire leading to 95% burns - He had seen the entire..........
