Indian Penal Code, 1860, Section 498A, 304B, 302, 34 -- Death by hanging - Cruelty & demand of dowry - Medical evidence proves that hymen of deceased was intact, which indicates that marriage between deceased and her husband/accused was not consummated - This fact is extremely material in the facts of this case and lends a great degree of credence and corroboration to..........
Indian Penal Code, 1860, Section 498A, 304B, 302, 34 -- Death by hanging - Cruelty & demand of dowry - Deceased died due to suicidal hanging - No other mark of injury was detected on the body of deceased - No complaint whatsoever ever made by PWs regarding maltreatment or torture being meted out to deceased by accused persons - I, laws of deceased were well off and..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Demand of dowry - By brother and sisters and other relatives of husband - Omnibus allegation against all family members particularly against brother and sisters and other relatives do not stand on same footing as husband and parents - In such case, apart from general allegation of demand of dowry, Court should be..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Demand of dowry - Deceased died due to asphyxia as a result of hanging - Evidence on record proved that deceased was subjected to continuous harassment, assaults and intimidation after few months of marriage - Deceased being unable to bear the unbearable cruelty, did..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased died within six months of her marriage by sustaining burn injuries at her matrimonial home - Deceased was badly burnt and was smelling of kerosene - Question of accidental fire does not arise as prosecution successfully discharged preliminary and primary burden placed upon it - Testimonies of..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Reduction of sentence - There is no convincing/persuasive reason or ground to alter the sentence awarded to accused, husband of deceased - However, sentence awarded to other accused persons, brother-i, law and sister-i, law of deceased, is accordingly reduced from life imprisonment to 7 years R.I u/s..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of proceedings - Married sister, A3 of husband - No specific instances of harassment and cruelty - Omnibus allegations - Married sister A3 residing in USA - Continuation of proceedings against married sister A3 will certainly amount to abuse of process of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 306 -- Anticipatory bail - Offence u/ss 498-A, 306 - Petitioner a female accused - There is special provision to a female even in heinous criminal offence punishable with death or imprisonment for life - In view of the fact that petitioner has two minor children and parents to support, it is..........
Criminal Procedure Code, 1973, Section 439, 482, Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Bail - Charge-sheet already filed - No chance to approach or tamper with the evidence - No chance to flee from trial as petitioner was working as Assistant General Manager in Reserve Bank of India - Petitioner infact not withdrawn any amount from Bank account..........
Indian Penal Code, 1860, Section 306, 498A -- Offence u/ss 306, 498-A IPC - Order of framing charge - Deceased made two dying declarations and in both the statements she deposed nothing incriminating against accused as she stated that while preparing tea, her saree caught fire and she sustained injuries and that even accused tried to save her due to which he also suffered..........
