Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Reduction of sentence - Sentence of R.I for 3 years for the offence u/s 498-A IPC affirmed - However, sentence u/s 304-B IPC reduced from 10 years R.I to 7 years R.I - Both the sentences shall run concurrently - Appeal dismissed...........
Evidence Act, 1872, Section 113B -- Presumption as to dowry death - Presumption shall be raised only on the proof the essentials : (i) The question before the Court must be whether the accused had committed the dowry death of a woman; (ii) The woman was subjected to cruelty or harassment by her husband or his relative; (iii) Such cruelty or harassment was for or in..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Deceased died within 7 years of marriage by burning to the extent of 80% - Evidence on record shows that deceased was burnt by throwing kerosene oil on her and then setting her on fire which negates the recording contained in the log book register and MLC of deceased that..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Death by burning - Conduct of husband of deceased - Explanation given by husband in his statement u/s 313 Cr.P.C. that he does not know as to how deceased got burnt as he was sleeping at the time when deceased got burnt - Deceased sustained extensive burn injuries to the..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death by hanging - Deceased committed suicide within three years of her marriage - She was more beautiful than her husband - Their matrimonial life was not peaceful - Deceased was harassed by her husband for demand of dowry soon before her death - So far as other two appellants are concerned they were..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Alteration of sentence - Husband already suffered more than seven years in custody - His sentences altered to seven years R.I u/s 304-B IPC and three years R.I u/s 498-A IPC - Since he already served his maximum sentence he be released if not wanted in any other case...........
Indian Penal Code, 1860, Section 304 -- Dowry death - Prosecution failed to bring on record any evidence to suggest that death of deceased was caused by burns or any bodily injury or otherwise than under normal circumstances - Rather defence was able to prove that deceased was suffering from Pneumonia by producing qualified doctor who had examined the deceased prior to her..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Demand of dowry, if any, was prior to eleven months of death - Demand of dowry cannot be stated to have been made soon before death of deceased...........
Indian Penal Code, 1860, Section 304B, 34 -- Dowry death - Prosecution failed to prove that death occurred within 7 years of marriage - On the contrary, defence has brought acceptable and reliable evidence that marriage was much prior to seven years - Prosecution failed to establish the offence u/s 304-B of IPC...........
Indian Penal Code, 1860, Section 304B, 498A, Constitution of India, 1950, Article 20(3) -- Dowry death - Cruelty - Self incrimination - Once prosecution probabilises involvement of accused but accused takes false plea about facts exclusively known to him, such circumstance, is vital additional circumstance against accused - Though Art.20(3) of Constitution incorporates the..........
