Indian Penal Code, 1860, Section 304B, Criminal Procedure Code, 1973, Section 157 -- Dowry death - Special report to Magistrate - Delay in sending - FIR was lodged promptly on 01.07.1991 at 2.10 P.M. after PW2 came to know about his daughter's death - It reached Magistrate at 7.00 P.M. on 02.07.1991 - Held, this time lag could not be termed as delay...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Proof - Allegations against accused vague, unspecific and indefinite - No specific particulars were given regarding time, place and manner of any beating, cruelty or harassment of deceased for demand of dowry - Held, ingredients of offence u/s.498-A IPC lacking - Conviction for offence u/s.498-A IPC not proper - Appeal..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Family members - Living together - By itself does not lead to conclusion that each of the family member was involved in demanding additional dowry and also behaving in a cruel or humiliating manner towards the deceased - To bring home the charge u/s 304-B IPC there should be some evidence that family members..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Family members - Every member of the family may not be fully and equally guilty - The degree of involvement may differ - as an associate, as a silent witness, as a conniving witness and so on...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Family members - There is possibility of members of the family having varying roles, active and passive - Depending on the nature and extent of involvement, a person may be punished for an offence u/s 498-A or S.304-B or S.306 of IPC or S.4 of Dowry Prohibition Act, 1961 - A dowry death will not ipso facto suck..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Family members - No complicity of family members demanding any additional dowry - No evidence of silent or conniving participation of family members in demand of dowry - Absolutely no evidence to suggest that family members actively or passively treated the deceased with cruelty or harassed her in connection..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Demand of dowry is not enough to bring about conviction u/s 304-B IPC - A dowry death victim should also have been treated with cruelty or harassed for dowry either by her husband or a relative...........
Indian Penal Code, 1860, Section 304B, 306, Evidence Act, 1872, Section 113B -- Dowry death - Suicide - Absence of viscera report - Does not make any difference to fate of case - For purposes of S.304-B mere fact of an unnatural death is sufficient to invite presumption u/s.113-B Evidence Act - Chemical examination of viscera is not mandatory in every case of a dowry death..........
Indian Penal Code, 1860, Section 304B, 306 -- Dowry death - Suicide - Not mutually exclusive - Held, S.306 IPC is much broader in its application and takes within its fold one aspect of S.304-B IPC - These two sections are not mutually exclusive - If a conviction for causing a suicide is based on S.304-B IPC, it will necessarily attract S.306 IPC - However, converse is not..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Held, S.304-B does not categorize death as homicidal or suicidal or accidental - Therefore, if all other ingredients of S.304-B of IPC are fulfilled, any death whether homicidal or suicidal or accidental and whether caused by burns or by bodily injury or occurring otherwise than under normal circumstances shall be..........
