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 304B -- Dowry Death - No particulars of time and date when alleged harassment was meted out by accused given - Accused acquitted...........
Indian Penal Code, 1860, Section 304B -- Dowry Death - Entire family roped in as accused - Cruelty and Harassment on account of dowry must be soon before the victim's death - Incident 2-1/2 years old - On same allegations mother of husband acquitted - Two sisters of husband were however convicted - Daughters could not be convicted on same set of evidence - No particulars..........
Indian Penal Code, 1860, Section 302, 325 -- Nature of offence - Murder - Conviction u/s.302 IPC - 8 accused persons first assaulted injured witnesses and then attacked deceased with only lathis - No injuries made to vital part of deceased - Deceased dying after 5 days of incident - Manner of attack and injuries does not attract S.302 IPC - Accused convicted u/s.325 IPC...........
Evidence Act, 1872, Section 113B, Indian Penal Code, 1860, Section 304B -- Dowry death - Presumption - Burden of Proof - Presumption would arise only after prosecution establishes death within seven years - Initial burden of proof is on prosecution - Onus put on accused to prove date of marriage not proper - Conviction set aside...........
Evidence Act, 1872, Section 113B, Indian Penal Code, 1860, Section 304B, -- Dowry death - Presumption - Ingredients to raise presumption - Presumption would arise only after prosecution establishes death within seven years otherwise than in normal circumstances and - Soon before death deceased was subjected to cruelty or harassment in connection with demand of dowry by..........
Indian Penal Code, 1860, Section 304B -- Dowry Death - Delay of 8 days in lodging FIR - Detailed allegations by illiterate complainant - Complaint prepared at court - Father of deceased falsely stating that they were not informed about death before cremation - Held it was well thought of and deliberate document - Witnesses closely related to deceased - Marriage 11 years..........
Indian Penal Code, 1860, Section 420 -- Cheating - Ingredients - Dishonest inducement to deliver property or to make, alter or destroy any valuable security or anything which is sealed or signed or is capable of being converted into a valuable security - Mens rea of the accused at the time of making inducement - Making of a false representation is one of the ingredients..........
Indian Penal Code, 1860, Section 420 -- Sentence - Incident 12 years old - Sentence reduced to 3 months...........
