Indian Penal Code, 1860, Section 302, 498A -- Death in matrimonial home - Acquittal by trial Court - Conviction by High Court - No mark of violence - Charge u/s 498-A or S.4 of Dowry Prohibition Act held not established by both Courts below - Prosecution story suggesting strong motive on part of appellant to commit murder ruled out - Plea of alibi not proved - Not..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 32 -- Dowry death - Dying declaration recorded by doctor in presence of brother of husband that she caught fire due to accidental burst of stove - Later on dying declaration recorded by CJM where deceased stated that husband, his mother and brother poured kerosene oil and set her on fire as their dowry..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Death not within seven years of marriage - Cruelty not inflicted soon before death - Neither presumption u/s 113-B Evidence Act is available nor it can be concluded that appellant is guilty of offence u/s 304-B IPC...........
Indian Penal Code, 1860, Section 405, Dowry Prohibition Act, 1961, Section 3, 4 -- Entrustment - If any article is given by way of dowry, the question of entrustment thereof for or on behalf of the bride would not arise...........
Evidence Act, 1872, Section 113B -- Presumption - Available only on proof the following essentials : (1) The question before the court must be whether the accused has committed the dowry death of a woman. (This means that the presumption can be raised only if the accused is being tried for the offence under Section 304-B IPC.); (2) The woman was subjected to cruelty or..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Leveling false and unsubstantiated allegation of torture for dowry related demands - Leaving female child at the matrimonial home, leveling false allegations that maturity proceeds of FDR were utilised by husband in his business, filing application u/s 125 Cr.P.C. and to withdraw the..........
Evidence Act, 1872, Section 113B -- Essential required to be proved to raising the presumption u/s 113-B Evidence Act are : (i) the question before the court must be whether the accused has committed the dowry death of the woman, (ii) the woman was subjected to cruelty or harassment by her husband or his relatives, (iii) such cruelty or harassment was for or in connection..........
Evidence Act, 1872, Section 113A, 113B -- Distinction - Different terminology is used in the two provisions - Whereas in S.113-A words used are `may presume' whereas in S.113-B word `may' is substituted by `shall' - S.113-A relates to S.306 of IPC wherein presumption is there against an accused but onus on accused is not as heavy as in the case of dowry death...........
Indian Penal Code, 1860, Section 306, Dowry Prohibition Act, 1961, Section 4, Evidence Act, 1872, Section 113A -- Suicide - Within seven years of marriage - U/s 113-A of Evidence Act Court `may presume' having regard to all the other circumstances of the case, an abetment of suicide - In such a case onus does not shifts exclusively and heavily on an accused - Accused..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Complaint u/s 498-A and S.4 Dowry Act initiated after seven months of husband going to USA - Wife filing divorce petition against husband and getting ex parte divorce - Wife remarrying thereafter - Complaint quashed as no reason given for delay in..........
