Indian Penal Code, 1860 -Cruelty - Major contradictions in the statements of father and brother of victim in respect of demand of dowry - Even in FIR lodged by PW1, it is not mentioned that victim was subjected to cruelty or harassment by accused for demand of dowry - Offence u/s 498-A IPC not made out against accused - Accused rightly acquitted. (Paras 18 & 19)
Indian..........
Indian Penal Code, 1860, Section 302, 304B -- Nature of offence - Prosecution stated that deceased was set on fire in her matrimonial home - However, I.O did not find that room where deceased had been set on fire was black or doors were burnt - I.O also did not find any smell of kerosene oil in the room - Villages of complainant and accused are close by, hence, story put..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition by wife - Cruelty - Allegation of demand of dowry - Husband not cross-examined wife on said aspect - Testimony of wife becomes unimpeachable and this by itself is a ground to dissolve marriage on ground of cruelty...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Cruel treatment or harassment of wife by husband or his relative to force her to fulfill demand of dowry is common element for commission of offences u/ss 304-B, 498-A IPC...........
Evidence Act, 1872, Section 154, Indian Penal Code, 1860, Section 304B, 498A -- Hostile witness - Dowry death - Cruelty - Conviction cannot be recorded on solitary statement of witness who disowned his testimony of examinatio, i, chief and has turned hostile during beginning of cross-examination - Conviction and sentence set aside - Accused acquitted...........
Evidence Act, 1872, Section 154, Indian Penal Code, 1860, Section 304B, 498A -- Hostile witness - Dowry death - Cruelty - PW1 turned hostile in cross-examination - Statement of PW1 given in examinatio, i, chief could be used for purpose of corroboration and support of such evidence - A person who has stated in examinatio, i, chief does not remain trustworthy and his..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of proceedings - Allegation against father-in-law - Specific allegations against father-in-law supported by complainant and his two witnesses in the evidence is on record - At this stage of summoning of accused, Court cannot pronounce as to..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of proceedings - Allegation against family members of husband - General allegations of cruelty and dowry demand made against appellants - No specific incident, dates or details of any incident mentioned in complaint - Neither in complaint nor..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence under PWDV Act - Admittedly, respondent/daughter-in-law and son of petitioner/father-in-law after 10 days of marriage started living separately at place `C' and petitioner/father-in-law was living at place `M' with his family and they did not share common house hold - Even, Court below analysed..........
Guardians and Wards Act, 1890, Section 17 -- Custody of minor child - Crime alleging dowry death under further investigation against father - Merely because crime alleging dowry death is under further investigation, claim for custody of minor ward cannot be denied to father if he is otherwise legitimately entitled to custody especially when complaint against him was..........
