Indian Penal Code, 1860, Section 304B -- Dowry death - Expression `Soon before' is not synonymous with `immediate before' - There must be existence of proximate and live-link between fact of cruelty based on dowry demand and death concerned...........
Indian Penal Code, 1860, Section 304B -- Dowry death - `Soon before death' - Victim approached her parental home just five days before occurrence and narrated her maltreatment and harassment at the hands of accused for demand of dowry and thereafter she committed suicide by consuming poison - Such act of deceased squarely falls within the expression `soon before death' -..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Deceased died within seven years of her marriage by consuming poison - Specific allegations on record regarding demand of motorcycle and cash soon before occurrence - Mere fact that no complaint was moved or no Panchayat was held during the lifetime of deceased is no ground to discard prosecution version - All..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Accused claiming parity with co-accused on account of acquittal - Demand of dowry is not attributable to relatives of accused in the absence of specific attribution - Moreover, demand of motorcycle is definitely attributed to accused being beneficiary of said demand - Accused cannot claim any benefit on account of..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Reduction of sentence - Deceased committed suicide by poisoning - Occurrence took place more than 13 years back - Deceased left one years old child at the time of occurrence, which is being looked after by accused - Accused also faced agony of proceedings for the last 13 years - Some leniency is granted to accused -..........
Indian Penal Code, 1860, Section 304B, 498A, 201 -- Dowry death - Cruelty - Circumstantial evidence - Deceased found missing while travelling in train along with accused - Dead body recovered after 6 days from the railway track not proved to be of deceased - No allegation of cruelty or harassment for or in connection with dowry demand made against accused and his family..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Expression "soon before her death" - Need not necessarily mean immediately before death, but can even be stretched to a period which can be found to be reasonably close to the death of deceased...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Deceased died within one year of her marriage by consuming poison - FIR lodged against husband, his parents and uncle - Acquittal of all accused except husband - Husband alone cannot be convicted on the very same evidence, which was right from the beginning directed towards all accused in equal proportion, without any..........
Indian Penal Code, 1860, Section 304B -- Dowry death - S.304-B IPC does not categorise death as homicidal or suicidal or accidental - As death, homicidal or suicidal or accidental, whether caused by burns or by bodily injury or occurring otherwise than under normal circumstances shall be called as dowry death...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Where all the ingredients of S.304-B IPC are attracted, Court shall presume that accused had caused dowry death - However, it is open to accused to adduce such evidence for disproving such conclusive presumption as burden is unmistakably on him to do so and he can..........
