Criminal Procedure Code, 1973, Section 177, 178, 179, Indian Penal Code, 1860, Section 498A -- Jurisdiction - Cruelty - Due to mental cruelty wife living in a different city - Not a continuing offence - Court at the place where wife is living has jurisdiction only when there is specific case of physical or mental torture at the place where she is living...........
Indian Penal Code, 1860, Section 323, 498A -- Charge framed u/s 498-A IPC - Charge not proved - However, accused convicted u/s 323 IPC - Main ingredient of both provisions is voluntarily causing hurt - Offence u/s 323 is minor as compared to S.498-A IPC - Evidence establishing offence u/s 323 IPC - Conviction is proper...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - To constitute an offence u/s 304-B IPC, presumption u/s 113-B of Evidence Act, cannot be raised against an accused until independently offence u/s 498-A IPC is proved by leading evidence to specific allegation with regard to time and date of such demand and cruelty and furthermore establishing proximity..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Death by burning - Parents and cousin of deceased duly established beyond reasonable doubt that deceased was harassed and meted with cruelty by accused on account of demand of dowry - Sufficient evidence on record to establish that deceased was subjected to cruelty on account of dowry - Accused thus, guilty of offence u/s..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Sentence - Accused convicted and sentenced to undergo R.I for 3 years with fine of Rs.25,000 each and in default of payment of fine, further to undergo S.I for 6 months - Since accused already remained incarcerated for the period of their conviction u/s 498-A IPC, they directed to be released forthwith - So far as Accused..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Mere statement that accused/sister-in-law of victim insisted victim to involve in illicit activity and on denial by victim accused tortured her held, not tenable as other allegation of prosecution that husband of victim suspected her character, killed her in the night by taking her out of dwelling hut on some pretext are..........
Indian Penal Code, 1860, Section 498A, 323, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 498-A, 323 IPC - Benefit of probation - There is no minimum sentence prescribed u/ss 498-A, 323 IPC, thus provisions of P.O. Act applies to the same...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased died due to poisoning within one year of her marriage - She stayed eight to ten days in her i, laws house after her marriage - Neither any report nor any complaint was ever made prior to occurrence nor any panchayat meeting was ever convened in this regard - No evidence on record that deceased..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Extra-marital relationship - Per se or as such does not come within ambit of S.498-A IPC - It is an illegal or immoral act, but other ingredients are to be brought home so that it would constitute a criminal offence...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Need not be physical - Mental torture or abnormal behaviour may amount to cruelty or harassment in a given case - It depends upon facts of each case...........
