Indian Penal Code, 1860, Section 406, 498A,, Dowry Prohibition Act, 1961, Section 4, 6, Criminal Procedure Code, 1973, Section 202, 203, 48 -- Complaint under Sections 498-A & 406 IPC - At the time of summoning an accused, in a complaint case, trial Magistrate is supposed to look into allegations, as leveled in the complaint or averred at the time when preliminary evidence..........
Indian Penal Code, 1860, Section 304B, 498A -- A person charged and acquitted under Section 304B can be convicted under Section 498A without a specific charge being there, if such a case is made out...........
Indian Penal Code, 1860, Section 302, 34, 498A -- Conviction u/s 302 r/w 34 and 498-A IPC - Husband and in-laws caused physical and mental harassment of wife and committed murder by pouring kerosene and setting her ablaze - Evidence of Magistrate recording dying declaration and doctor sufficient to prove prosecution case - Other circumstantial evidence including spot..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - FIR - Delay - Explanation given not satisfactory - Held, delay in filing FIR is fatal in the case and so as the truthfulness of the prosecution case...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Death within 4 years of marriage - Delay of one month in lodging FIR - Delay not satisfactorily explained - No evidence as to demand of dowry - No evidence that deceased was subjected to cruelty and harassment soon before her death in connection with demand of dowry - Accused acquitted...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Provision is also attracted when there is mental cruelty...........
Indian Penal Code, 1860, Section 498A, 406, 420 -- Complaint u/ss 498-A, 406 & 420 IPC against husband and six other family members - Summoning order against maternal uncle, brother-in-law and sister-in-law quashed as they lived separately - Court while summoning relations of husband who are living separately should carefully analyse the incriminating material against..........
Indian Penal Code, 1860, Section 498A, 405, 420, Criminal Procedure Code, 1973, Section 439(2) -- Bail - Cancellation - Offence u/ss 498-A, 405, 420 IPC - Bail cannot be cancelled by High Court by giving findings on factual issues which are to be decided at trial...........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113A, 113B -- Dowry death - Taunted by remarks that she was from a hungry (poor household) and had not brought much - Not an act of cruelty which could be termed to be a demand for dowry soon before her death - This can be termed cruelty of the type punishable u/s 498-A Explanation A - Presumption u/s..........
Indian Penal Code, 1860, Section 498A -- Cruelty - May not essentially relate to dowry - Cruelty may be of any kind - Cruelty must be wilful which may drive a woman to commit suicide...........
