Sec.304 B of I.P.C. - there is no evidence that the deceased was treated with cruelty or harassment in connection with the demand of dowry “soon before her death” by the appellant


 After the alleged demand of gold karra two months  after  the
marriage, Sharanjit Kaur went to her house, again came back to  the  marital
house and again went to her father’s  house  and  again  came  back  to  the
marital house.  In our considered view, the alleged  demand  of  gold  karra
about two months after  the    marriage  cannot  be  said  to  constitute  a
proximate live link with the  death  of  deceased  Sharanjit  Kaur  and  the
conviction of the appellant under Section  304B  IPC  cannot  be  sustained.

Even though there is no evidence that the deceased  was  treated
with cruelty or harassment in connection with  the  demand  of  dowry  “soon
before her death” by the appellant, in our view, evidence  on  record  makes
out an offence  under  Section  498A  IPC.  So  far  as  the  sentence,  the
occurrence was of the year 1997.  The appellant is  having  three  grown  up
children. The appellant has already  undergone  sentence  for  a  period  of
about fifteen months.   In the facts and circumstances  of  the  case,   for
the conviction under Section 498A, she is sentenced to undergo  imprisonment

already undergone.

Popular posts from this blog

APEX COURT DIGEST - Jan.2017 [6]

Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

Or.39, Rule 1 & 2 and Sec. 151 and sec.94 of C.P.C - Police aid when to be granted - hear both parties when resisted - to avoid dispossession of actual possessor with the help of police aid - identify the property before issuing of police aid with the help of advocate commissioner if necessary - since the defendant pleaded that before the filing of suit and after filing of the suit ,he never trespassed into the suit schedule property nor violated interim injunction order - even though no evidence of violation of injunction not filed , the lower court feels that no prejudice would be caused to the respondent when police aid is granted -2013 A.P. msklawreports