Indian Penal Code, 1860, Section 498A -- Deceased writing letter before death indicating harassment on account of demand of dowry - Demand of dowry established by other witnesses also - Conviction u/s 498-A upheld...........
Dowry Prohibition Act, 1961, Section 2, 3, 4, Indian Penal Code, 1860, Section 304B, 498A -- Dowry - Agreement - Plea that there must be an agreement for dowry - Not necessary to have an agreement - Definition of dowry to be interpreted with other provisions including Section 3 of 1961 Act...........
Indian Penal Code, 1860, Section 306, 107, 498A -- Evidence Act, 1872, S.113-A - Suicide - Abetment - No direct evidence to establish that the appellant either aided or instigated the deceased to commit suicide or entered into any conspiracy to aid her in committing suicide - Improvements made by prosecution - No case for conviction u/s 306 - However allegation u/s 498-A..........
Indian Penal Code, 1860, Section 498A -- Suicide - Parents of deceased wife not supporting the case of prosecution - Cause of misunderstanding between husband and wife was three children of sister of husband who were living with them and were being looked after by husband - Wife resenting this - This cannot be said to be act of cruelty - Conviction u/s 498-A set aside...........
Indian Penal Code, 1860, Section 306, 498A -- Concurrent findings of fact - Demand of dowry and harassment proved - Plea that accused had sufficient resources in bank not accepted for valid reasons by courts below - Conviction upheld...........
Indian Penal Code, 1860, Section 306, 498A -- Criminal Procedure Code, 1973 - Section 235 (2) - Sentence - New Plea - Order of conviction and sentence passed on same day - Appellant not seeking adjournment or time for making submission on the sentence - No grievance against passing of conviction and sentence on same day made before High Court either in Memorandum of appeal..........
Indian Penal Code, 1860, Section 498A, 304 -- Second marriage during subsistence of first marriage - Such a husband comes under purview of S.304-B and 498-A IPC if he commits cruelty etc. - He assumes status of husband and commits cruelty under the colour of status of husband...........
Indian Penal Code, 1860, Section 498A, Hindu Marriage Act, 1955, Section 5(i), 11, 16 -- When the fact of celebration of marriage is established it will be presumed in the absence of evidence to the contrary that all the rites and ceremonies to constitute a valid marriage have been gone through...........
Indian Penal Code, 1860, Section 306, 498A, 34 -- Suicide by wife - Wife living in her parents house because of harassment - Wife got maintenance order u/s 125 Cr.P.C. in her favour - A few days before she was brought in her matrimonial home - In given circumstances it could be well accepted that victim was treated badly consequent to which she had to commit suicide -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 504 -- Anticipatory bail - Court has power to grant anticipatory bail even when cognizance is taken or charge sheet is filed...........
