Indian Penal Code, 1860, Section 304B -- Dowry death - Failure to prove cause of death - Accused acquitted - According to FIR death was caused due to poisoning which deceased was compelled to consume - No injuries found on body of deceased - None of witnesses spoke to factum of their witnessing deceased consuming poison either under compulsion or otherwise - Held, in such..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32(1) -- Dowry death - Prior to the incident there was no complaint of ill treatment, harassment or dowry demand either by parents of deceased or by deceased herself - In view of several infirmities in oral dying declaration stated to have been made by deceased are worthy of no credence - No steps taken by..........
Indian Penal Code, 1860, Section 498A, 304B, 34, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Suicide - There is no presumption that every suicide committed by a married woman in her i, laws house or at her parents' house has to be because she was suffering harassment at the hands of her husband or her i, laws...........
Indian Penal Code, 1860, Section 498A, 304B, 34, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 439 -- Bail - Dowry death - Petitioner father-i, law of deceased himself informed complainant about demise of deceased without any delay - No ante mortem injury on body of deceased - No possibility of petitioner influencing any witness since..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Term `Soon before' - Nature of - Held, it is a relative term which depends on facts and circumstances of each case - Thus, there must be a nexus between demand of dowry, cruelty or harassment based upon such demand and date of death - Test of proximity will have to be applied - But, it is not a rigid test - It depends..........
Indian Penal Code, 1860, Section 304B -- Dowry death - `Soon before' - Deceased died otherwise than under normal circumstances in her husband's house within 3 months and 4 days of marriage - Evidence on record shows that after marriage deceased was unhappy in matrimonial house because of ill-treatment meted out to her - Cruelty was spread over short period covering date of..........
Dowry Prohibition Act, 1961, Section 2, Indian Penal Code, 1860, Section 304B -- Dowry - Demand of Rs.60,000/- for business of accused husband - Evidence on record shows that accused was unhappy over quantity and quality of dowry received - Words `insufficient and inferior' indicate that transaction of giving dowry was not complete - Insufficient dowry given to accused was..........
Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry demand - Accused No.2 maternal uncle of husband convicted while husband and his father acquitted - Wife set herself on fire and committed suicide - In dying declaration wife had not stated that accused No.2 was interfering with affairs of her matrimonial home - Evidence showed that accused No.2 had neither demanded dowry..........
Indian Penal Code, 1860, Section 498, 304B -- Cruelty - Dowry death - Deceased in her dying declaration clearly stated that she was ill-treated and harassed by her mother-i, law not related to dowry but other household work - Evidence of relatives and neighbors of deceased is sufficient to prove that she was constantly subjected to harassment by mother-i, law - Held,..........
Evidence Act, 1872, Section 113B, Indian Penal Code, 1860, Section 304B -- Dowry death - Presumption as to - Deceased died within seven years of marriage - Held, presumptions u/s.304B IPC and S.113B of Evidence Act, 1872 are attracted - It is for appellant to rebut it...........
