Indian Penal Code, 1860, Section 307, 498A, 326, 34 -- Attempt to murder - Cruelty - Compliant filed after more than 5 years from alleged occurrence - No explanation by prosecution for such considerable delay - No evidence on record that accused demanded any dowry from victim - Even otherwise, it was the second marriage of prosecutrix with accused and it cannot be presumed..........
Indian Penal Code, 1860, Section 307, 498A, 326, 34 -- Attempt to murder - Cruelty - Victim admitted in hospital due to burn injuries on account of accidental falling of acid - Merely shifting of victim from private hospital to Civil Hospital cannot be treated as device to let her die with malafide intention...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Injury on private part - Examination of witnesses and accused - As per medical report, injury on private part of deceased, cannot be the result of normal intercourse and the same is possible if some foreign blunt object is inserted in vaginal canal - This testifies that cruelty had been meted-out to..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Conviction - Appeal against sentence - Accused faced agony of criminal prosecution from last more than 7 years - Sentence of life imprisonment reduced to 12 years and fine...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A -- Anticipatory bail - Cruelty - Petitioner joined investigation as per direction given by Court - Custodial interrogation of petitioner no longer required - Apprehension of petitioner fleeing away from process of law not expressed by investigating agency - Without going into merits of case,..........
Indian Penal Code, 1860, Section 304B, 302, 498A, Evidence Act, 1872, Section 106 -- Dowry death - Circumstantial evidence - Appeal against conviction - Testimony of PW4, PW5 established that appellant-husband used to torture and harass deceased wife for demand of dowry - Several circumstances on record which point that husband committed murder i.e. he was alone in house..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Cruelty - Serious allegations of harassing complainant with demand of dowry was made against accused along with his family members - Besides this, allegation of forcing complainant to indulge in unnatural sex was also made against accused - More so, accused solemnized three..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 406, 498A -- Quashing of FIR - Matrimonial dispute - Compromise - Compromise arrived at without any kind of pressure, threat or undue influence and statement of petitioners in respect of compromise also recorded - FIR alongwith all consequential proceedings quashed...........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - It is necessary to establish offence u/s 498-A IPC to prove charges u/s 304-B IPC...........
Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 113B -- Cruelty - Dowry death - In order to establish offence u/s 304-B IPC, presumption u/s 113-B of Evidence Act cannot be raised against accused until independently offence u/s 498-A IPC is proved by leading evidence of specific allegation with regard to time and date of such demand and cruelty and..........
