Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Factum of unnatural death in matrimonial home within seven years of marriage is ipso facto not sufficient to bring home charge u/ss 304-B, 498-A IPC against accused, as the foremost ingredients of S.304-B IPC that soon before death of deceased she was subjected to cruelty in connection with demand of dowry is not..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Prosecution proved that deceased died other than normal circumstances within seven years of her marriage - However, rest of ingredients of S.304-B IPC have not been proved beyond reasonable doubt - Prosecution failed to prove that soon before death of deceased she was subjected to cruelty in connection with..........
Indian Penal Code, 1860, Section 304B, 302 -- Conviction u/s 304-B - Conviction of accused u/s 302 IPC on basis of circumstantial evidence - When offence u/s 304-B IPC is proved by prosecution beyond reasonable doubt then trial Court is not required to enter the arena of offence u/s 302 IPC - Conviction u/s 302 IPC set aside...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B of Evidence act - Not attracted when incident of cruelty is remote in time and has become stale enough not to disturb mental equilibrium of woman concerned...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B of Evidence act - Deceased died unnatural death within 7 years of her marriage - Prior to 4-5 months of incident a written application was given by deceased herself at Mahila Police station regarding cruelty and harassment for demand of dowry - PW4 stated in his..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Reduction of sentence - Incident occurred in 1998 and appeal against conviction is pending since 1999 - In the interest of justice, sentence awarded to accused reduced to minimum sentence of 7 years as prescribed u/s 304-B IPC with fine and default stipulation as awarded by Court below...........
Indian Penal Code, 1860, Section 302, 304B -- Nature of offence - Death of deceased occurred in her matrimonial home - Accused was not found and absconding - He was arrested after six days of incident - There was no ante mortem injuries as per ocular version of doctor - Offence u/s 302 IPC though not made out but offence u/s 304-B IPC is made out...........
Indian Penal Code, 1860, Section 304B -- Offence u/s 304-B IPC - Act of accused was not such which cannot be substituted by giving lessor sentence then life imprisonment - Medical evidence corroborates facts and circumstances of case - Period of 12 years which accused spent is enough punishment in facts of the case...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 32 -- Offence u/s 304-B IPC - Two dying declarations - Both recorded by Judicial Magistrates - In the first declaration deceased exonerated appellant and his family members and in the second dying declaration she implicated appellant as well as his parents - First dying declaration recorded by `V' examined..........
Indian Penal Code, 1860, Section 304B, 201 -- Dowry death - Reduction of sentence - Conviction of father-in-law and mother-in-law - Demand of dowry has been established and proved by prosecution - Deceased died within a period of one year of her marriage - Offence u/s 304-B IPC is the offence against society - Such offences have serious impact upon society - Imposing..........
