Indian Penal Code, 1860, Section 304B, 498A, 315, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Death by hanging - Quantum of sentence - Keeping in view the fact that accused is young and poor man and even he is incarcerating in jail since 2005, minimum sentence provided for offence u/s 304-B IPC would meet the ends of justice - Sentence u/s 304-B IPC modified to..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Deceased subjected to cruelty at the hands of her husband and her in laws - Evidence on record shows that deceased harassed beyond limits by her-i, laws which caused her grave mental and physical injury and made her run away from matrimonial home on several times and ultimately resulted in her death - Offence punishable..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Reduction of sentence - Keeping in view the age of accused No.1 mother-i, law who is around 60 years of age and accused No.2, sister-i, law of deceased, who is more than 35 years of age and having a child to take care of, sentence reduced to period already undergone by them...........
Indian Penal Code, 1860, Section 498A, 306 -- Reduction of sentence - Offence u/ss 498-A, 306 IPC - Considering serious nature of offence, no occasion arises for reduction of order of sentence confirmed by High Court for offence punishable u/s 498-A IPC - However, ends of justice would be met by reducing order of sentence passed by High Court from five years to three years..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, 406 -- Bail - Dowry death - Cruelty - Death by burning - General and vague allegations against father-i, law and mother-i, law of deceased - Neighbours stated that they had neither seen nor heard anything unusual or any serious quarrel or fight between the family members - Moreso, no..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Demand of dowry - Allegation that deceased was harassed and treated with cruelty on account of bringing less dowry - However, father of deceased was retired army personnel and was getting a pension of Rs.6000 only and entire family was dependent upon him - It would be highly improbable that accused demanded..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC - Matrimonial Dispute - Misconduct - Quashing of FIR - Complainant has not been found to be bonafide litigant as after entering into compromise and receiving the amount of permanent alimony, she turned dishonest and had been avoiding her appearance - She..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Death by consuming poison - No evidence on record that accused or any of his relative abetted the commission of suicide by deceased or subjected her to cruelty - Nobody even see the deceased consuming poison - No effort was made by any of the witnesses to call the Doctor, which would have been a..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 320 -- Offence u/s 498-A IPC - Conviction of husband - Compromise - Parties successfully negotiated amicable settlement sinking and resolving all their differences and disputes and finding a lasting solution on all outstanding issues between themselves - Moreover, no reason why conviction..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death by burning - Proximate & live link between cruelty and death - Statement of parents of deceased, that on an earlier occasion an attempt was made by accused to do away with the life of deceased does not inspire confidence as no details of case or time of occurrence has been given - Moreover, such..........
