Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Demand of dowry - Death occurred within 7 years of marriage of deceased - PWs admitted that at first instance they did not state before police about demand of dowry by accused and no independent witness has come forward to support prosecution's case - PWs 1 to 3 have not..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Charge of cruelty not made out from the instances cited by husband - All six counts of charge of cruelty were in itself not only unsubstantiated and taken together also, did not constitute any such act of cruelty by wife against husband - On the contrary wife having suffered cruelty..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B -- Summoning of additional accused - Dowry death - No specific allegation qua ill-treatment, much less any demand of dowry finds mention qua both of accused - Vague allegations made against them - Even investigating agency during investigation did not find any complicity of both the accused -..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Cruelty - FIR is silent with regard to demand of any dowry far less a bicycle - However, FIR speaks of assault upon deceased by accused followed by unnatural death of deceased - FIR need not be encyclopedia of facts and is only an instrument in writing which sets criminal law into motion - Every minute detail of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Anticipatory bail - Offence u/ss 498-A, 406, 34 IPC - Allegation by husband that wife is not capable of sexual intercourse - However, accused personally present in Court and admitted that during stay of 24 days, they had sexual relations - Accused thus, bluffed and misled Court by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A -- Bail - Dowry death - Cruelty - Exorbitant demands - Claim for demand not supported by any material evidence - Deceased not coping with stress relating to the examinations and the results - Vivid description as to how deceased had a "loving, caring, hot and handsome husband" - Bail..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused did not act by way of assistance, instigation or conspiracy in abetting deceased to commit suicide - Singular act of physically assaulting deceased - Same not an instance of continuing violence against deceased and it was not of such nature that deceased had no option but to commit suicide - Allegation..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Absence of convincing evidence as to entrustment of dowry articles - Question of misappropriation of dowry articles does not arise - Proof of entrustment is one of the main ingredients of offence of criminal breach of trust to attract an offence punishable u/s 406 IPC...........
Indian Penal Code, 1860, Section 498A, 406 -- Offence u/ss 498-A, 406 IPC - No specific allegation of any entrustment of any article having been made to any of accused - No convincing evidence from which an inference could be drawn that complainant was subjected to alleged harassment so as to pressurize and coerce her to meet unlawful demands of dowry of accused - Accused..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased committed suicide within one year of her marriage by hanging from end of her saree - Dowry was given to accused at the time of marriage, but they demanded further dowry and subjected deceased to torture - Whenever, deceased came to her parental home, she narrated such incidents of torture to..........
