Indian Penal Code, 1860, Section 302, 498A -- Death by burning - Deceased sustained 88% burn injuries - Cruelty - Letters allegedly written by deceased to her father in her own handwriting disclosing mental and physical cruelty imputed on deceased by her i, laws - However, no efforts made to investigate the handwriting of deceased - Material improvements in the testimonies..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Cruelty - Death by burning - 60% burn injuries - Dying declaration - Deceased confessed that accused poured kerosene oil on her and her mother-i, law lighted the fire - Though deceased was initially protective and wanted to save accused persons being mother of two children but subsequently when she realized that..........
Indian Penal Code, 1860, Section 304B, 498A, 302 -- Offence u/ss 304-B, 498-A, 302 IPC - Appeal against acquittal - Refusal of leave to appeal - Deceased died within seven years of her marriage in unnatural circumstances - Presumption u/s 113-B of Evidence Act is to be raised - Trial Court acquitted all accused as there was no medical evidence regarding cause of death -..........
Criminal Procedure Code, 1973, Section 372, 378(3), Indian Penal Code, 1860, Section 304B, 498A, 302, Dowry Prohibition Act, 1961, Section 4 -- Dowry death case - Appellant being father of victim/deceased has statutory right to prefer an appeal to High Court against order of acquittal u/s 372 Proviso Cr.P.C. but only after obtaining leave of High Court as required u/s..........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 304B, 498A, 302, Dowry Prohibition Act, 1961, Section 4 -- Appeal against acquittal - High Court dealt with appeal in a very cursory and casual manner without adverting to legal contentions and evidence on record - Appeal dismissed by passing a cryptic order - High Court failed to exercise its..........
Indian Penal Code, 1860, Section 498A, 302 -- Murder - Cruelty - Family members of deceased are alleged eye witnesses but they neither tried to stop/nab the accused nor made attempt to inform the police immediately - Delay in lodging FIR totally unexplained - No evidence on record that at the time of incident accused was residing in the house of complainant and fled away..........
Indian Penal Code, 1860, Section 302, 306, 498A -- Nature of offence - Body of deceased recovered from river - Death not caused due to drowning as no water or sand particles were discovered in windpipe of deceased - Death caused due to ante mortem injuries sustained by deceased prior to her death - Murder not established beyond reasonable doubt - Place of incident being a..........
Indian Penal Code, 1860, Section 302, 498A -- Murder - Cruelty - Evidence on record proves that deceased was tortured and harassed by both the accused for bringing insufficient dowry - Deceased was also forced to consume poison earlier - Acts of accused falls under the ambit of `cruelty' - Depositions made by witnesses only against accused husband - Relation between..........
Indian Penal Code, 1860, Section 498A, 304B, 302, 34 -- Death by hanging - Cruelty & demand of dowry - Medical evidence proves that hymen of deceased was intact, which indicates that marriage between deceased and her husband/accused was not consummated - This fact is extremely material in the facts of this case and lends a great degree of credence and corroboration to..........
Indian Penal Code, 1860, Section 498A, 304B, 302, 34 -- Death by hanging - Cruelty & demand of dowry - Deceased died due to suicidal hanging - No other mark of injury was detected on the body of deceased - No complaint whatsoever ever made by PWs regarding maltreatment or torture being meted out to deceased by accused persons - I, laws of deceased were well off and..........
