Indian Penal Code, 1860, Section 302, 498A, 304B, 318, 201 -- Charge framed u/s 498-A, 304-B, 318 and 201 IPC - Conviction u/s 302 and 318 IPC - Accused cannot be convicted u/s 302 IPC without there being a charge framed for the offence u/s 302 IPC - Case remanded for decision afresh...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 198 -- Offence u/s 498-A IPC - Complaint can be registered only when lodged by person aggrieved or by father, mother, brother or sister or father's or mother's brother or sister or with the leave of the Court, by any other person related by blood, marriage or adoption...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Contradictory opinion - Police case and complaint case - Sustainability of- FIR and complaint case for offence u/S.498-A/304-B - Trial Judge very carefully separated two cases and had not relied upon the evidence in one case for the purpose of considering the charge in the other case - In the police case dying..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Death by burn injuries - Prosecution of husband and his sister - Allegation of maltreatment and harassment in connection with demand of dowry - Demand of scooter and video from father of deceased - Conviction - Appeal against - Defence that house of accused caught fire and deceased died an accidental death -..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 498A, 304B, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- FIR - Dowry death - Delay of more than one day in lodging FIR - Delay not explained satisfactorily - FIR loses all its corroborative value and authenticity...........
Indian Penal Code, 1860, Section 498A, 304B, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Burn injury - Acquittal of husband, his parents and brother - Deceased suffered 100% burn injuries in house of accused - Evidence of parents and brother of deceased that deceased was harassed on account of dowry demand did not appear to be worthy of credence - Victim..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 498A, 304B, 34 -- Suspension of sentence during pendency of appeal - Conviction u/ss 498-A, 304-B r/w S.34 IPC - Appeal against - Petitioner only son and no one else to look after old parents and minor children - Half of the sentence undergone in jail - Petitioner ordered to be released on bail..........
Indian Penal Code, 1860, Section 498A -- Cruelty to wife - Allegation in complaint that wife was mercilessly assaulted for dowry on several occasions and she was forced to go to her uncle's place and was never taken back - Held, these are clear allegations of cruelty meted out to wife on demand of dowry and prima facie a case u/s 498-A IPC is made out - Proceedings not..........
Indian Penal Code, 1860, Section 306, 498A -- Difference between the two provisions is that of intention - Under S.498-A IPC cruelty committed by husband or his relations drag the women concerned to commit suicide while under S.306 IPC, suicide is abetted and intended...........
Indian Penal Code, 1860, Section 498A, 304B -- Provisions of Ss.498-A & 304-B are not mutually inclusive - Both the provisions deal with two distinct offences - Cruelty is common essential to both the provisions and that has to be proved - Explanation to S.498-A gives meaning of cruelty whereas there is no such explanation of cruelty in S.304-B - Having regard to common..........
