Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 154 -- Offence u/ss 304-B, 498-A, 34 IPC - Delay of 5 years in lodging FIR - Case under alleged offence closed after inquiry u/s 174 Cr.P.C. - FIR lodged after five years of closing of said case on the basis of letters received by brother of deceased - Neither at the time of death of..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Order taking cognizance - Quashing of order - Court while exercising jurisdiction u/s 482 Cr.P.C., cannot judge veracity, reliability and truthfulness of alleged dying declaration - At this stage only prima facie case is to be seen - Moreover, applicants have got a right..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty upon wife - Business partner of husband - Does not come within purview of S.498-A IPC - Proceedings against applicant quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A -- Quashing of FIR - Offence u/ss 406, 498-A IPC - Allegations against mother-i, law and sister-i, law - General allegation of demand of dowry made against petitioners - Mother-i, law is 72 years of age and not expected to get any benefit from dowry demand and sister-i, law though..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 118 -- Murder - Death by burning - Testimony of child witness aged 8 years - PW15, daughter of deceased was found competent to depose in Court - She categorically stated that her father had set her mother on fire - Statement of PW15 is natural and it cannot be said that she was tortured to make such a..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 32 -- Murder - Death by burning - Oral dying declaration - Deceased suffered 85% burn injuries - Dying declaration stands clearly established on record through testimony of nurse as also mother of victim - Testimonies of said witnesses fully inspires confidence, as they disclosed the events which took..........
Indian Penal Code, 1860, Section 302, 498A -- Murder - Death by burning - Deceased suffered 85% burn injuries - Conduct of accused not ensuring proper medical treatment to deceased conclusively establishes his guilt - Defence of accused that it was case of accident by bursting of stove, not proved on record, as no telltale signs of bursting of a stove were found on spot -..........
Indian Penal Code, 1860, Section 498A, 326, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Demand of dowry - Accused persons after sprinkling kerosene oil upon victim, set her ablaze - Victim sustained 60% burn injuries - This factum remained unexplained by defence side - Demand of dowry by accused proved on record - Acceptance of direct evidence on record on..........
Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry death - Cruelty - Abetment of suicide - Deceased committed suicide after 5 years of her marriage by jumping into well - No evidence as to specific demand of dowry soon before death of deceased - Demand if any was made before two years of death of deceased - There is also no any evidence on record about any ill..........
Indian Penal Code, 1860, Section 498A, 326, Dowry Prohibition Act, 1961, Section 3, 4 -- Deceased confined in room and set ablaze after sprinkling kerosene - 60% burn injuries - Victim supported prosecution version - Factum of setting victim ablaze remained unexplained by defence - Prosecution case is proved beyond reasonable doubt on scrutiny and analysis of direct..........
