Indian Penal Code, 1860, Section 304B, 498A -- Cruelty or harassment of the lady by her husband or his relative for or in connection with any demand for any property or valuable security as a demand for dowry or in connection therewith is the common constituent of both the offences...........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Presumption as to dowry death is attracted only upon proof of fact that deceased lady had been subjected to cruelty or harassment for or in connection with any demand for dowry by the accused and that too in the reasonable contiguity of death...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegations against i, laws of deceased - Deceased died in her matrimonial home by hanging from fan - Cause of death not clear as to whether death is homicidal or suicide - Origin of external injuries on the body of deceased also not proved - Prosecution also failed to prove beyond reasonable doubt..........
Criminal Procedure Code, 1973, Section 211, Indian Penal Code, 1860, Section 498A, 304B, 302, 306, 406 -- Charge - Charge framed u/ss 498-A, 304-B and in alternate u/s 302, 306, 406 IPC - Mother and brother of deceased though in their statement u/s 174 Cr.P.C. immediately after death stated that they have no grievance against i, laws but complaint on the basis of which FIR..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC - Compromise - In the instant case, trial Court convicted accused u/ss.498-A, 406 IPC - However, accused acquitted for offence u/s 498-A IPC and held guilty u/s 406 IPC by appellate Court - During pendency of this petition, matter compromised between..........
Indian Penal Code, 1860, Section 498A, 306 -- Offence u/ss 498-A, 306 IPC - Framing of charge - Statement u/s 161 Cr.P.C. - Veracity, trustworthiness and genuinity of witnesses can be tested only during trial and not at the stage of framing of charge - If there is prima facie sufficient evidence to prove the offence, accused can be charged with - Delay in lodging FIR, role..........
Indian Penal Code, 1860, Section 498A, 506 -- Cruelty - Criminal intimidation - Non-examination of mother of complainant as PW - Fatal to prosecution case, particularly, when complainant made a communication qua hers unveiling the relevant disclosures to her mother, which constrains a conclusion that prosecution failed to prove the charges to which accused stood subjected..........
Indian Penal Code, 1860, Section 498A, 506 -- Cruelty - Criminal intimidation - Complainant failed to make any disclosure qua purported belabourings perpetrated upon her by accused to any of inhabitants of homestead - Rather complainant proceeded to make a disclosure to her mother and to PW2 but latter not supported the prosecution case and mother of complainant not..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Offence punishable u/s 498-A IPC can be made out only after it is proved that a woman was driven to commit suicide on account of such ill treatment...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Despite of some frictions married life continued for 11 years - No reasons for committing suicide culled out by prosecution within a reasonable proximate duration - Ill-treatment, both physical and mental and misbehaviour with which deceased was subjected during long span of her married life of 11 years, may depict a..........
