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..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Expression `soon before her death' imply that there must be existence of a proximate and live link between effect of cruelty based on dowry demand and death concerned - If alleged incident of cruelty is remote in time and has become stale enough not to disturb the mental equilibrium of..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Deceased died unnatural death by committing suicide within seven years of her marriage - There is ample evidence on record that deceased was harassed, maltreated and was subjected to cruelty for and in connection with demand of dowry, which started from the time of her marriage and continued till..........
Indian Penal Code, 1860, Section 304B, 498A, 302 -- Offence u/ss 304-B, 498-A, 302 IPC - Appeal against acquittal - Refusal of leave to appeal - Deceased died within seven years of her marriage in unnatural circumstances - Presumption u/s 113-B of Evidence Act is to be raised - Trial Court acquitted all accused as there was no medical evidence regarding cause of death -..........
Criminal Procedure Code, 1973, Section 372, 378(3), Indian Penal Code, 1860, Section 304B, 498A, 302, Dowry Prohibition Act, 1961, Section 4 -- Dowry death case - Appellant being father of victim/deceased has statutory right to prefer an appeal to High Court against order of acquittal u/s 372 Proviso Cr.P.C. but only after obtaining leave of High Court as required u/s..........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 304B, 498A, 302, Dowry Prohibition Act, 1961, Section 4 -- Appeal against acquittal - High Court dealt with appeal in a very cursory and casual manner without adverting to legal contentions and evidence on record - Appeal dismissed by passing a cryptic order - High Court failed to exercise its..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Death by poising - Suicide note - Deceased stated in her suicide note that she is taking step of "suicide" because her mental condition is not good and that nobody should be held responsible for her act - However, suicide note was not discovered during investigation but..........
