Indian Penal Code, 1860, Section 304B -- Dowry death - Death by burning - Deceased died within 5 months of her marriage - PWs stated that deceased complained to her family members regarding taunts and demand of dowry by accused persons - Incidents of cruelty or harassment in connection with dowry demand occurred `soon before her death' as deceased died within 5 months of..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death by burning - Deceased died within 5 months of her marriage - Defence of accused that deceased first consumed poison and then on being apprehensive of her death, she set herself on fire, proved wrong as any reasonable man would try to save his wife by taking her to nearest hospital and would not wait for her to..........
Indian Penal Code, 1860, Section 498A, 406 -- Offence u/ss 498-A, 406 - Quashing of FIR - Demand of dowry on telephone - No specific role of any of accused persons mentioned - Moreover, when respondent No.2 had not visited the house of accused persons after returning from America, where husband of respondent No.2 is living, how the allegations levelled in FIR regarding..........
Indian Penal Code, 1860, Section 304B, 34, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - No evidence on record to establish that deceased died otherwise than under normal circumstances - No external injury on the person of deceased narrated by doctor - Cause of death not certain and natural disease process can be the cause of death - Prosecution also..........
Indian Penal Code, 1860, Section 304B, 34 -- Dowry death - Demand of dowry - Evidence of relative witnesses - Entire case of prosecution is based on statements of PW2, complainant and PW3 - Statements of Both PW2 and PW3 suffer from various material improvements and are contradictory to the documents available on record - Father of deceased would be the best witness to..........
Indian Penal Code, 1860, Section 304B, 498A, 34, Evidence Act, 1872, Section 113B - - Dowry death - Cruelty - Presumption - Deceased died within one year and one month of her marriage under abnormal circumstances - Allegation of cruelty and harassment are general in nature and no specific time, date, month or event mentioned with regard to cruelty and harassment made..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Presumption - To establish offence u/s 304-B IPC, presumption u/s 113-B of Evidence Act cannot be raised against accused until independently offence u/s 498-A IPC is proved by leading evidence to specific allegation with regard to time and date of such demand and..........
Criminal Procedure Code, 1973, Section 173(8), 482 -- Dowry death - Further investigation - Charge-sheet filed after 3 years - Quashing of order taking cognizance - Investigation against petitioners kept pending u/s 173(8) Cr.P.C. - Charge sheet failed after a lapse of three years - No material was collected before filing of charge sheet - Even interrogation was not made..........
Indian Penal Code, 1860, Section 498A, 304B, 34, Evidence Act, 1872, Section 3 -- Dowry death - Appreciation of evidence - 100% burn injuries - Plea of delay in filing FIR - It has come in evidence that in midnight PW1 along with others reached house of deceased to find out as to hat happened to her - Having seen her condition, naturally they first took deceased to..........
Indian Penal Code, 1860, Section 498A, 304B, 34, Evidence Act, 1872, Section 3 -- Dowry death - Appreciation of evidence - 100% burn injuries - Plea that police authorities had torn original statement of PW1 recorded u/s 161 Cr.P.C. and prepared the second one with view to file a false case against accused - Plea held, not tenable on the following grounds:- (i) accused did..........
