Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 32 -- Abetment of suicide - Cruelty - Dying declaration - Call made by deceased to her mother in the absence of cogent and reliable evidence, cannot be treated as dying declaration...........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 113A -- Abetment of suicide - Cruelty - Presumption - Deceased committed suicide by consuming poisonous substance within 7 years of her marriage due to harassment allegedly made by accused - However, there is no evidence on record that accused used to demand dowry from deceased and tortured her..........
Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry death - Cruelty - Abetment of suicide - Reduction of sentence - Accused is 99 years of age now - He already suffered sentence of one year nine month - Sentence of accused reduced to period already undergone by him, considering his age and role played by him...........
Indian Penal Code, 1860, Section 304B, 498A, 306, 302, 34 -- Dowry death - Cruelty - Deceased died within 7 years of her marriage as a result of drowning - No marks of injury on the body of deceased were shown in inquest panchnama and post mortem report - Theory that deceased was done to death earlier and thereafter her body was thrown into well, rightly not accepted by..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of proceedings - Offence u/s 498-A IPC - Compromise between parties - Proceedings should be quashed even when wife seeks quashing of proceedings - Any hyper technical view that accused himself should approach Court to quash proceedings pending against him, would be counter..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of proceedings - Offence u/s 498-A IPC - Compromise between parties - Offence not compoundable - If in the interest of justice quashing of FIR is necessary then S.320 Cr.P.C. is not a bar to exercise inherent power of quashing...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 384, 420, 120B -- Two FIRs relating to same offence registered at place `U' (Rajasthan) and at place `H'(Haryana) - Complaint resulting in registration of FIR at `U' was prior to the registration of FIR at `H' - While registering FIR at `U' police was not aware about existence of FIR at..........
Indian Penal Code, 1860, Section 302, 498A -- Murder - Cruelty - Identification of body - Decomposed body of woman was recovered - PW1, father of deceased identified dead body of deceased on the basis of her wearing apparels - Though there was no scientific evidence that body was of deceased and seized articles were never marked or labeled and there is no blood mark or mud..........
Indian Penal Code, 1860, Section 302, 498A -- Murder - Cruelty - Accused convicted primarily on the evidence of parents of deceased - However, there is no evidence from any independent witness that parents of deceased were searching of their missing daughter from the date when she was last seen with accused till the date of recovery of dead body - Even complaint was lodged..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 506B, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Cruelty - Dowry demand - Allegation against brother and sister of husband - General allegation made against applicant Nos.3 & 4 - Applicants implicated merely because they are brother and sister of husband - FIR qua..........
