Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 498A, 406, 307, 34 -- Recalling of witness - Offence u/ss 498-A, 406, 307, 34 IPC - Evidence of victim is of utmost significance, as she being material witness and sufferer of cruelty and harassment at the hands of accused for their unlawful demand of property or valuable security - Medical..........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Appeal against acquittal - None of PWs, who are near relatives of deceased stated that accused was harassing deceased for purpose of dowry or had instigated her to commit suicide - Prosecution failed to prove its case against accused - Accused rightly acquitted - Leave to appeal dismissed...........
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 306, 498A -- Abetment of suicide - Cruelty - Allegation against father-i, law and mother-i, law of deceased - No evidence against accused for subjecting deceased with cruelty except vague assertions that accused used to harass deceased or any allegation of physical torture against accused - No evidence on record that soon before incident of..........
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 498A, 306, 34 -- Cruelty - Abetment of suicide - Nothing on record to show that deceased was tortured by accused and degree thereof was to such an extent that deceased deemed it appropriate to put an end to her life and that too when she was mother of two minor children - Moreover, there are contradictions, inconsistencies and improvements..........
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..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 498A, 406, 506, 323, 34 -- Cancellation of anticipatory bail - Offence u/ss 498-A, 406, 506, 323, 34 IPC - Matrimonial dispute - Nothing was said on merits while granting bail to accused and bail was granted as compromise was arrived at between parties - However, conduct of accused was not..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Comments/taunting being made by accused that deceased had no knowledge of doing household chores including agricultural work, are not of such a nature to have derived the deceased to commit suicide - Accused acquitted...........
