Indian Penal Code, 1860, Section 304B -- Dowry death - Essential ingredients for applicability of the provision of S.304-B IPC are : (i) The death of a woman should be caused by burns or bodily injury or otherwise than under a normal circumstance; (ii) Such a death should have occurred within seven years of her marriage; (iii) She must have been subjected to cruelty or..........
Evidence Act, 1872, Section 113B -- Presumption - To be raised only on proof of the following essentials viz. (1) The question before the Court must be whether the accused has committed the dowry death of a woman. (This means that the presumption can be raised only if the accused is being tried for the offence under Section 304B IPC); (2) The woman was subjected to cruelty..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Acquittal of accused u/s 304-B IPC - Accused can be convicted u/s 498-A IPC without that charge being there, if such a case is made out...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Suicide by burning - Oral evidence with regard to demand of dowry by husband not believed - Three letters written by deceased to her father indicated that deceased wanted to continue studies, but was forced to marry against her wishes and deceased did not want to live in marital home - No allegation as to harassment..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - In S.304-B there is no explanation of cruelty - Meaning of 'cruelty' or 'harassment' is the same as prescribed in the Explanation to Section 498-A under which 'cruelty' by itself amounts to an offence...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Soon before death - Expression is present with the idea of proximity test - No definite period is indicated - Determination of the period which can come within the term 'soon before' is left to be determined by the courts, depending upon facts and circumstances of each case - Soon..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Weapon or any belonging of deceased not recovered from accused - Interval of two days between last seen and recovery of dead body - Circumstance of last seen cannot become sole basis for conviction - No evidence of motive - From attending circumstances there is possibility of deceased falling in a well - Possibility of..........
Indian Penal Code, 1860, Section 302, 366, 368 -- Murder - Death penalty - Number of persons killed and shocking nature of crime not a criterion to determine whether death sentence should be imposed - Special reasons necessary for imposing death penalty must not relate to the crime as such but to the criminal...........
Indian Penal Code, 1860, Section 302, 366, 368 -- Murder - Death penalty - (i) Life imprisonment is the rule and death sentence is an exception - Death sentence must be imposed only when life imprisonment appears to be an altogether inadequate punishment having regard to the relevant facts and circumstances of the crime; (ii) There must be special reasons for imposing the..........
Evidence Act, 1872, Section 106, 108 -- Assertion as to death having taken place at a given time or place - Burden of proof - Lies on the person asserting death...........
