Criminal Procedure Code, 1973, Section 386, Indian Penal Code, 1860, Section 304B, 201, 120B, Dowry Prohibition Act, 1961, Section 4 -- De novo trial - Dowry death - Appeal against conviction - High Court while remitting matter to trial Court for fresh trial pointed out certain lapses on the part of I.O but failed to state as to how such alleged lapses resulted in..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 32 -- Dying declaration - Abetment of suicide - Cruelty - Death by burning - Deceased committed suicide by pouring kerosene oil upon her on the asking of accused after 11 years of her marriage - Dying declaration given by deceased nowhere indicates any demand of dowry and it only states that a quarrel..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 34 -- Summoning of additional accused - Dowry death - No concrete and specific evidence against petitioners of making any demand of dowry or torturing the deceased - Complicity of petitioners in the commission of offence not on record - Application dismissed...........
Dowry Prohibition Act, 1961, Section 4 -- Dowry demand - Mere demand of dowry is punishable u/s 4 of the Act - An element of cruelty is not necessary...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased committed suicide by hanging after 2 years and 1 month of her marriage - No whisper of any demand of dowry by i, laws or husband or treating her with cruelty in connection with no, fulfillment of alleged demand of dowry - There was some dispute between deceased and her mother-i, law, as deceased was not..........
Indian Penal Code, 1860, Section 302 -- Murder - Death by burning - Doctor opined that because of right palm was not burnt and right arm was also not fully burnt, possibility of a suicidal death could not be ruled out completely - Mere fact that deceased suffered second and third degree burns over body cannot lead to a conclusive presumption by itself that accused had set..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - To constitute an offence u/s 304-B IPC, presumption u/s 113-B of Evidence Act, cannot be raised against an accused until independently offence u/s 498-A IPC is proved by leading evidence to specific allegation with regard to time and date of such demand and cruelty and furthermore establishing proximity..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death by burning - Interpolations in MLC - Doctor who wrote "smell of kerosene absent" signed near the cutting/over writing to authenticate the said over writing - There is no reason to believe that said over writing was done under the influence or pressure as it is not the case of either party - Moreover, deceased..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Death by burning - Parents and cousin of deceased duly established beyond reasonable doubt that deceased was harassed and meted with cruelty by accused on account of demand of dowry - Sufficient evidence on record to establish that deceased was subjected to cruelty on account of dowry - Accused thus, guilty of offence u/s..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death by burning - Deceased sustained 98% burn injuries - Deceased in her last statement to doctor stated that she sustained burns while she was cooking food - It is also recorded by doctor that smell of kerosene was absent - More so, joint reading of statements of Doctor, in charge of PCR van recorded u/s 161 Cr.P.C.,..........
