Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Discharge - Dowry death - Allegation against Jeth and Jethani of deceased - No reliable evidence on record that petitioners are living separately from deceased or they had not take part in demand of dowry or consequent torture to deceased -..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Discharge - Dowry death - Allegation against sister-in-law and brother-in-law - Prima facie case against accused is made out as per complaint, summoning order and also other material on record - It cannot be said that no case is made out..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death by burn injuries i.e. in unnatural circumstances, within two years of marriage - Death in matrimonial house - Demand of motor cycle established - However, complete lack of evidence of harassment or torture for non fulfillment of demand of motor cycle - One of the important ingredients to prove..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Reduction of sentence - Deceased died unnatural death due to strangulation - Most of witnesses have not supported prosecution case - Conviction passed on basis of autopsy report and that incident occurred on spur of moment which was not intentional - Sentence of accused..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Quantum of sentence - Deceased died unnatural death within 3-1/2 years of her marriage - Motive of offence is non-fufilment of demand of dowry - Accused is in jail since 2006 and has served out about 14 years and 4 months of sentence (without remission) - There is no special and rare feature attracting..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A, 323, 506, 313, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of anticipatory bail - Dowry death - Cruelty - FIR contains recital of allegation bearing on role of accused in demanding dowry, of prior incident of assault, payment of moneys by cheque to in-laws of deceased..........
Indian Penal Code, 1860, Section 304B, 498A, 323, 506, 313, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Transfer of further investigation to CBI - Conduct of investigating authorities from stage of arriving at scene of occurrence to filing of charge sheet do not inspire confidence in robustness of process - Status of accused as properties and..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Appeal against acquittal - Accused acquitted as prosecution unable to prove its case beyond all reasonable doubt - No serious infirmity pointed by prosecution to warrant interference in appeal - There are thus, no substantial and compelling reasons to disturb findings recorded by Sessions Judge - Appeal dismissed..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Death within seven years of marriage - Forcible poisoning - Accused acquitted : (i) In a case of forcible poisoning, by using a corrosive poison, there will be some marks but in the instant case there are no marks of injury at all on the person of deceased; (ii) Prosecution not able to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 302, 498A, 34, Dowry Prohibition Act, 1961, Section 4 -- Bail - Dowry death - Dying declaration of deceased recorded by Medical Officer indicates that no one was present with deceased when incident occurred and that Kerosene jerrycane fell over gas and caught fire - This has been further..........
