Indian Penal Code, 1860, Section 498A -- Cruelty - Nothing was put to accused regarding cruelty in his statement u/s 313 Cr.P.C. - Accused cannot be convicted u/s 498-A IPC when no question of cruelty was put to him u/s 313 Cr.P.C...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation that accused harassed deceased for not cooking food, not cleaning utensils, not cleaning cow-dung and not doing the field work - Such allegations of harassment does not constitute any offence for the purpose of S.498-A Explanation (b) IPC...........
Indian Penal Code, 1860, Section 498A - - Cruelty - Abetment of suicide - Deceased died within seven years of her marriage by committing suicide - No evidence on record to suggest that husband or relative of husband of deceased subjected her to cruelty due to which deceased committed suicide - General allegations were made in FIR - Medical evidence is inconsistent with the..........
Indian Penal Code, 1860, Section 304B, 498A, Constitution of India, 1950, Article 20(3) -- Dowry death - Cruelty - Self incrimination - Once prosecution probabilises involvement of accused but accused takes false plea about facts exclusively known to him, such circumstance, is vital additional circumstance against accused - Though Art.20(3) of Constitution incorporates the..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Minor discrepancies in statements of witnesses - Mere lapse of investigating agency and minor discrepancies about the place at which negotiations took place or persons in whose presence demand was made are not enough to discredit the version of demand of dowry and throwing out prosecution case...........
Indian Penal Code, 1860, Section 304B, 498A -- Death of the deceased within 7 years of marriage and she was subjected to harassment for dowry soon before her death - Death was in circumstances other than natural, and not accidental - Mere lapse of investigating agency could not be enough to throw out overwhelming evidence clearly establishing the case of prosecution -..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Period of marriage - 7 years or 10/11 years - Mother of deceased deposing as 7 years whereas other witnesses deposing as 10/11 years - When there is varying evidence on a single fact then interpretation of evidence has to be in such a way as to be in favour of accused - Moreover, PWs had virtually given..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death by hanging - Mother of deceased stated that during negotiations of marriage of deceased, there had never been any demand of dowry from accused persons - Deceased and accused never visited house of mother of deceased after their marriage - If this is the evidences coming from mother of deceased..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased died due to consumption of pesticide - No bodily injury found on body of deceased - No evidence on record that soon before her death, deceased was subjected to cruelty or harassment on demand of dowry - Moreover, in the letters written by deceased to his father, there is neither mention of any..........
Indian Penal Code, 1860, Section 302, 498A, 34, Criminal Procedure Code, 1973, Section 313 -- Murder - Examination of accused - High Court committed error by setting aside Trial Court judgment of conviction and remanded the matter back for retrial decision afresh on the ground of defective examination of accused u/s 313 Cr.P.C - However, accused did not raise any question..........
