Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Cheating - Dowry demand - Allegation that after Roka ceremony was performed, accused made demand of car and gold ornaments and on no, fulfillment of the same, marriage was broken and accused got married with another girl -..........
Indian Penal Code, 1860, Section 302, 304B, 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 303, 304 -- Murder of wife by husband - Accused convicted without legal assistance - Legal assistance is not mere empty formality - It is mandatory for State and Trial Court to provide legal assistance to accused - Learned Judge failed to perform..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Merely mentioning in post-mortem report that deceased was strong and well built does not belie deposition of mother of deceased that deceased was not given food because same was occasional and not that deceased was never given food...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Mere no, mentioning of burn injuries in post-mortem report does not show that deceased was not meted out such a cruelty...........
Indian Penal Code, 1860, Section 304B, 489A -- Dowry death - Cruelty - S.304-B does not contemplate that harassment should be within minutes or hours or few days of time since death - Reasonable period prior to death when deceased is subjected to cruelty is sufficient to show live link which in present case is proved as two days prior to death specific demand from brother..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Essential ingredients required to be proved as foundational facts by prosecution for offence u/s 304-B are : (i) death of woman must have been caused by burns or bodily injury or otherwise than under normal circumstances; (ii) such death must have occurred within 7 years of her marriage; (iii) soon before her death,..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Presumption - Appreciation of evidence - Death within 2 years of marriage - Death due to asphyxia as a result of ligature pressure over neck structures produced by ante-mortem ligature hanging - Deceased was not happy in her matrimonial home - Even, brother of deceased..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 498A, 323, 324, 325, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Matrimonial dispute - Injury report to demonstrate injuries received by wife of accused - Chances of amicable settlement between parties - Chance of absconding of accused from course of law is very low, as..........
Indian Penal Code, 1860, Section 304B, 34 -- Dowry death - Death due to 100% burn injuries - No evidence on record that sister-i, law and brother-i, law tortured the deceased for any demand of dowry - It cannot be said that brother-i, law and sister-i, law had any common intention with husband of deceased in commission of crime - It is sufficiently shown on record that..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Levelling of false allegations against husband, especially as to demand of dowry and failing to prove the same would tantamount to cruelty...........
