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..........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 179 -- Stridhan - Denial to return stridhan - Jurisdiction - Court at place where victim is settled and stridhan is not returned has jurisdiction...........
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..........
Indian Penal Code, 1860, Section 498A, 304B, 34, Evidence Act, 1872, Section 3 -- Dowry death - Appreciation of evidence - 100% burn injuries - Plea that no reliance should be placed on evidence of PW1 because her relations with daughter were strained due to which both used to live separately before marriage - Plea held, not tenable as there is no evidence to prove this..........
Indian Penal Code, 1860, Section 498A, 304B, 34 -- Dowry death - 100% burn injuries - Merely because deceased used to live separately from her mother before her marriage could not be made a ground to reject the testimony of mother - Conviction upheld...........
Indian Penal Code, 1860, Section 498A, 304B, 34 -- Dowry death - 100% burn injuries - Mother-in-law and sister-in-law sent up for trial - High Court convicted the mother-in-law and acquitted the sister-in-law - Plea of appellant/mother-in-law that since benefit of doubt was given to other accused/sister-in-law by High Court, on parity the same benefit should be extended to..........
Indian Penal Code, 1860, Section 498A, 304B, 34, Evidence Act, 1872, Section 113A -- Dowry death - Presumption - 100% burn injuries - Deceased died within one year of her marriage - Basic ingredients of S.113-A Evidence Act r/w Ss.304-B, 498-A IPC stood against accused persons for their prosecution for offences punishable u/ss 304-B, 498-A IPC...........
Indian Penal Code, 1860, Section 498A, 304B, 34 -- Reduction of sentence - Dowry death - 100% burn injuries - Courts below awarded S.I. 7 years to appellant - Appellant should feel fortune to suffer only 7 years because having regard to the nature of commission of offence and her complicity in the offence, it could have been even more than what has been awarded -..........
Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry Death - Abetment to suicide - Cruelty - Deceased dies by burning herself after 1 and 1/2 years of marriage - Death of deceased under u, natural circumstances - FIR coupled with statement of father of deceased and corroborated by uncle of the deceased established that deceased was harassed for bringing insufficient..........
