Criminal Procedure Code, 1973, Section 210, Indian Penal Code, 1860, Section 406, 498A -- Complaint case and FIR of the same date - Parties same - Merely for the reason that time is not mentioned in the complaint does not mean that the allegations do not arise out of the same incident or that it is a cross case - Both the cases be tried together, but not consolidated -..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 468, 473 -- Cruelty - Last incident of cruelty and torture occurred in the year 1994 and thereafter never lived with the revisionist - Cognizance of offence taken in 2005 - No order passed by Magistrate u/s 473 Cr.P.C. whereby he condoned the delay - Order taking cognizance is barred by principle..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Accused married victim woman by making fraudulent representation that his wife was dead - Second wife invoked provision of Section 498-A of IPC - Accused sought quashing of criminal proceedings - Held, since marriage of accused with second wife when first wife is living and when marriage..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Torture on account of non fulfillment of dowry demand and death of deceased within one year of marriage - In a statement before I.O., the informant, the father of deceased stated about the demand of dowry and torture on his daughter, but he virtually denied in Court that there was any demand of dowry or torture -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A -- Bail - Offence u/ss 304-B, 498-A IPC - Father and uncle of deceased stated that on account of demand of dowry deceased was burnt by her husband and mother-in-law - However, this fact not stated by deceased in her `Parcha Bayan' - Mother of deceased stated in her statement that she is..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Marriage and Muklava - Marriage took place around 15 years back - `Muklava' took place later on - No allegation or proof that Muklava is the marriage - Death not proved to have occurred within seven years of marriage - Accused acquitted...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty or harassment in connection with the demand of dowry - Three different versions of demand of dowry - No reliance can be placed on contradictory statements - Accused acquitted...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - No evidence of administering poison - Cramps on body due to fit of epilepsy - Delay in lodging FIR fatal - Circumstantial evidence weak as it not forming a chain - No evidence of cruelty - Acquittal sustained...........
Criminal Procedure Code, 1973, Section 177, 179, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Territorial jurisdiction - Prima-facie allegations made in complaint and material collected during investigation revealed that a part of cause of action arose in Bangalore - Held, court at Bangalore has territorial jurisdiction to entertain..........
Indian Penal Code, 1860, Section 498A, 406, 506 -- Allegation in FIR that because of giving birth to a daughter, she was not taken back in the matrimonial home - Offence stated to have been committed two years before lodging of the FIR - No specific allegation as regards commission of offence u/s 498-A IPC as no particulars have been given - FIR and consequent proceedings..........
