Indian Penal Code, 1860, Section 304B -- Necessary ingredients of the provision of S.304-B IPC are : (1) The death of the woman was caused due to burns, bodily injuries or due to unnatural circumstances; (2) The death should be within seven years of marriage; (3) It is shown that soon before death victim was subjected to cruelty or harassment by her husband or any relative..........
Indian Penal Code, 1860, Section 304B -- Culpable homicide not amounting to murder - Grave and sudden provocation - Murder of jethani by inflicting injuries on her body with ghotna (a hard wooden piece) - Accused saw jethani sitting in the lap of her husband and they were kissing each other - Accused lost her self control - Under grave and sudden provocation she hit the..........
Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 32 -- Conviction u/ss 498-A, 304-B IPC - Dying declaration recorded by Executive Magistrate - Dying declaration cannot be discarded on the ground that police officer should have recorded it - Authenticity of dying declaration not questioned - Handwriting expert's report that letters written by..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Demand of money for purchase of a house - Torture - Statement of father to that effect - Also statement of brother to the same effect - Prosecution placed on record agreement to sell - There was link of demand of dowry with the aid of agreement - Order of conviction, upheld...........
Indian Penal Code, 1860, Section 304B, 34 -- Sudden altercation - One accused gave stab blow on abdomen of deceased while three others caught hold different parts of body of deceased - All accused convicted u/s 304 Part II with aid of S.34 IPC - Conviction of accused who gave stab blows upheld - Evidence against three accused not very specific, hence, acquitted...........
Indian Penal Code, 1860, Section 304B, 201 -- Dowry death - Harassment of deceased with demand of dowry - No specific allegation as to on which date, in which month and the year deceased was harassed in connection with the demand of dowry - No specific allegation made as to the articles which were demanded in dowry - No evidence that deceased was harassed for dowry before..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Acquittal - Revision - Held, High Court in its revisional jurisdiction is not required to re-appreciate and re-appraise evidence to reach a finding different from trial court at the instance of a private party - In its revisional jurisdiction, at the instance of a private party, court exercises only a..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail during pendency of appeal - Offence u/ss 498-A, 304-B IPC and Ss.3/4 Dowry Prohibition Act - Conviction of husband and other relations - Deceased and her husband were living in a separate house - Mother, brother and sisters of husband..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Dying declaration - Can be sole basis of conviction - Where Court is satisfied that statement of deceased was not a result of either tutoring or prompting or a product of imagination and deceased was in a fit statement of mind said declaration will be treated true and voluntary...........
Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 4 -- Demand of money for construction of house - Cannot be termed as demand of dowry...........
