Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note - Deceased along with her two daughters committed suicide by taking poison - Suicide note written by deceased which named the accused persons proved on record - Deceased had already lost her husband and she has to maintain herself and her two daughters only with the share of her husband which was..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Reduction of sentence - Occurrence took place about 14 years ago - Three persons committed suicide on account of instigation made by accused persons, thus undue leniency should not be given in the matter of sentence - But slight modification permitted thus sentence of 6 years R.I imposed on accused u/s 306 IPC..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Conviction by High Court - Dying declaration inspires complete confidence and there is no reason to doubt veracity thereof - Order of conviction upheld...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Demand of dowry from father, mother, brother etc. of deceased and not from the deceased - Any demand to them is as good as a demand to the married woman since she is the one to suffer in case demands are not met...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty or harassment - Need not always be demonstrated in the form of physical violence - In case a married woman goes out of her in laws house and i, laws make demand for dowry as a pre-condition for taking her back and even a Panchayat was held at local level to sort out the issue, are sufficient ingredients..........
Indian Penal Code, 1860, Section 304B, 498A, 201 -- Dowry death - Deceased died within 4 months of marriage - Evidence on record shows that there had been demands of dowry - Cruelty and harassment soon before her death against deceased also proved - Ingredients of S.304-B established - Husband and father-i, law convicted - Conviction of brother and brother-i, law set aside..........
Indian Penal Code, 1860, Section 304B, 302 -- Dowry death - Death within seen years of marriage otherwise than under normal circumstances - In such case, enquiry is not usually conducted to see whether there is evidence, direct or circumstantial, as to whether offence falls u/s 302 IPC - In cases where there is evidence, direct or circumstantial, to show that offence falls..........
Indian Penal Code, 1860, Section 304B, 302 -- Dowry death - High Court came to a conclusion that it is a case of murder though accused persons were convicted only u/s 304-B IPC - Incident took place 23 years ago - As there is lack of evidence on chain of circumstances it would not be proper for Court to proceed u/s 302 IPC for enhancement of punishment - Moreover,..........
Criminal Procedure Code, 1973, Section 235 -- Judgment on conviction - Mandatory minimum punishment is 7 years u/s 304-B IPC - There is no minimum punishment u/ss 498-A & 201 IPC - Since the sentence u/s 498-A IPC is 2 years R.I and 1 years R.I u/s 201 IPC are to run concurrently - No prejudice whatsoever is caused to accused persons - It is not a fit case for following..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death due to burn injuries within two years of marriage - Accused husband took deceased to hospital within half an hour and she died after five days - Deceased declared in her dying declaration that she caught fire accidentally - Dying declaration made by deceased before Naib Tehsildar in presence of..........
