Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased died by consuming poisonous substance - There was no demand of dowry as charge regarding this not framed - Offence u/s 498-A IPC can also not taken as proved against accused - Moreover, accused tried to save deceased and he himself had taken the deceased to hospital - In the absence of specific..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, 323, 301, 34 -- Summoning of additional accused - Dowry death - Cruelty - Prosecution examined nine witnesses but nothing came on record regarding involvement of respondent No.2 - Role of respondent No.2 was already inquired/investigated into by investigating agency and he was found..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Fine cannot be imposed in case of conviction for offence punishable u/s 304-B IPC. (2005(1) Apex Court Judgments 81 (S.C.) : 2005(1) Criminal Court Cases 10 (S.C.) followed)..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Dowry demand - Mere fact that there was no demand of dowry at the time of engagement and marriage is no guarantee that there can be no subsequent demand of dowry - Demand made even after marriage also falls within definition of marriage...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Deceased died within seven years of her marriage otherwise than under normal circumstances as a result of injuries - Sufficient evidence on record to establish that deceased was subjected to cruelty and harassment in connection with demand of dowry soon before her death - Relations between accused and deceased were not..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Reduction of sentence - Accused belongs to labour class having two minor children to look after, as there is no close relation to look after his children - He has no criminal background and he is a first convict - Ends of justice would be met if sentence awarded to accused is reduced - Sentence of accused reduced from..........
Indian Penal Code, 1860, Section 304B, 302 -- Dowry death - Deceased died within 7 years of her marriage by hanging - Evidence of family members of deceased does not prove that any demand of dowry was made by husband/accused soon before death of deceased - Even at the time of marriage of deceased, dowry articles were given at the wish of parents of deceased - Admitted fact..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4, 6 -- Dowry death - Cruelty - Demand of dowry - Gifts exchanged during customary occasions in accordance with the prevailing practice and tradition, do not come under the purview of `dowry'...........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4, 6 -- Dowry death - Cruelty - Demand of dowry - Death by burning - Demand of Rs.20,000 made by accused two years prior to death of deceased, is too remote to occurrence and therefore, would not satisfy the requirement of `soon before her death' contemplated u/s 304-B(1) IPC - Acquittal..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4, 6 -- Dowry death - Cruelty - Demand of dowry - Sewing machine given by parents of deceased as she knew tailoring is a gift which cannot be considered as a part of demand by husband for himself or for his family members - Acquittal upheld...........