Court : Chennai
Decided on : Nov-23-2007
Reported in : 2008CriLJ1087
..... found the accused not guilty and acquitted them of all the charges framed against them under section 304-b and 406 ipc and sections 4 and 6 of dowry prohibition act.5. the government has not preferred any appeal or revision against the acquittal, whereas p.w. 1, revision petitioner herein, has preferred this revision before this court. pending revision, the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-17-2007
Reported in : 2008(1)ALD(Cri)574; 2008(1)ALT(Cri)225
..... the police against the petitioners-a.2 to a.6 and her husband-a.1 alleging offences under sections 307, 498a ipc and sections 3 and 4 of dowry prohibition act. proddutur i town police registered it as cr. no. 69 of 2007 and after due investigation, police filed a charge sheet against all the accused before the first additional judicial ..... the complainant must be deemed to have been continued even after she shifted to her parents house at proddatur, which she was forced to only to escape from the alleged acts of cruelty by the accused, she cannot be expected to file a complaint at an alien place nandyal and fight her legal battle against the accused, who are in fact .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-03-2007
Reported in : II(2008)DMC306
..... to all the accused and all of them demanded additional dowry, sounds very vague and omnibus. in the absence of any specific allegation attributing any specific overt acts against any of the petitioners a3 to a5 pertaining to the alleged demand for additional dowry and subjection of the complainant to harassment and ill-treatment, continuance ..... metropolitan magistrate, visakhapatnam and the learned magistrate has taken cognizance of the offences under sections 498a, 354, 342, ipc and sections 3 and 4 of dowry prohibition act against all the accused in prc no. 14 of 2007 and issued process against them. aggrieved by the same, the petitioners a3 to a5 who are sisters of ..... magistrate, visakhapatnam, seeking to quash the proceedings against them for the offences under sections 498a, 354, 342, ipc and sections 3 and 4 of dowry prohibition act.2. the first respondent herein gave a complaint to the police against the petitioner and 2 others a1 and a2 and the same was registered as cr. no .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-19-2007
Reported in : 2007CriLJ2300; I(2007)DMC539SC; JT2007(5)SC360; RLW2008(1)SC711; 2007(4)SCALE462; (2008)1SCC202; 2007AIRSCW2189; (2007)2Crimes404(SC); 2007LawHerald(SC)1118.
..... 'dowry death' shall have the same meaning as in section 304b of ipc'.8. if section 304b ipc is read together with section 113b of the evidence act, a comprehensive picture emerges that if a married woman dies in an unnatural circumstances at her matrimonial home within 7 years from her marriage and there are allegations ..... sentenced to suffer rigorous imprisonment for six months each and to pay a fine of rs. 10,000/-each for the offence under section 4 of the dp act with default stipulation. learned trial judge directed that all the sentences were to run concurrently. questioning correctness of the conviction and the sentences imposed appellants preferred appeal ..... all the appellants to convict them for offences punishable under sections 304b/34 and 498a/34 of the ipc and also under sections 3 and 4 of the dp act. learned trial judge, after convicting the appellants, sentenced them to suffer rigorous imprisonment for ten years each for the offence punishable under section 304b of the ipc .....
Tag this Judgment!Court : Chennai
Decided on : Aug-01-2007
Reported in : II(2007)DMC786
..... dowry a few months prior to her death. even if the said period can be treated as falling within the proximity range of 'soon before death', the said acts can be attributed only to ram pukar - the husband of the deceased sudama devi. none of the witnesses said either directly or indirectly that the present appellants did ..... for consideration in this appeal is whether the conviction and sentence against the appellant/a1 under sections 304(b) and 498a ipc and under section 4 of the dowry prohibition act would be sustainable for the reasons stated in the memorandum of appeal?9. heard mr. r.c. paul kanagaraj, learned counsel appearing for the appellant and mr. v ..... 1997 at 15.30 hours and hence the accused have been charged under sections 498a and 304(b) ipc and under section 4 and 6(2) of dowry prohibition act 1961. taking cognizance of the case, learned x metropolitan magistrate, egmore, chennai issued summons to the accused and on their appearance issued copies of documents under section 207 .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-28-2007
Reported in : 2007CriLJ2812; 2007(6)KarLJ191; ILR2007(2)Kar2117; 2007(3)AIRKarR576(DB)
..... be strictly construed. dowry is a fairly well known social custom or practice in india. it is well settled principle of interpretation of statute that if the act is passed with reference to a particular trade, business or transaction and words are used which everybody conversant with that trade, business or transaction knows or ..... was only customary one which is evident from the evidence of pw. 1. therefore, even the offence punishable under sections 3 and 4 of the dowry prohibition act are not established. so far offence under section 302, ipc is concerned, according to him the prosecution has utterly failed to establish the said charge beyond reasonable ..... and consequent cruelty and harassment to the wife.12. he refers to : 2005crilj4137 , regarding the presumption to be drawn under section 113-b of the evidence act relating to dowry death once prosecution establishes the ingredients of section 304-b, ipc. lastly, he submits that when once the prosecution places reliance under section 498- .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-10-2007
Reported in : AIR2007SC3146; II(2007)DMC693SC; (2008)149PLR321; RLW2008(1)SC770; 2007(11)SCALE12; 2007AIRSCW5697
..... to bring it within the purview of the 'death occurring otherwise than in normal circumstances'. the expression 'soon before' is very relevant where section 113b of the evidence act and section 304b ipc are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that case presumption ..... or in connection with any demand for dowry.(4) such cruelty or harassment was soon before her death.10. a conjoint reading of section 113b of the evidence act and section 304b ipc shows that there must be material to show that soon before her death the victim was subjected to cruelty or harassment. prosecution has to rule ..... be deemed to have caused her death.explanation - for the purpose of this sub-section 'dowry' shall have same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961).(2) whoever commits dowry death shall be punished with imprisonment for a term, which shall not be less than seven years but which may .....
Tag this Judgment!Court : Delhi
Decided on : Oct-24-2007
Reported in : 2008CriLJ1093; 2007(99)DRJ451
..... got it encased at bangalore.hence, all the formalities were completed at bangalore. so, offence of criminal/civil nature or u/s 138 of negotiable instrument act is committed in the jurisdiction of bangalore.11. the relevant portion of impugned order dated 29th july, 2006, passed by the magistrate, read as under:it ..... appellants) filed a complaint in the court of the magistrate alleging commission of offences punishable under sections 498a and 406 ipc and section 4 of the dowry prohibition act, 1961. the magistrate directed the police to investigate the case. after investigation, the police filed the charge-sheet. when the matter stood thus, the appellants ..... by the complainant in the complaint as to how any part of the offence was committed within the jurisdiction of the court at new delhi. the entire acts starting from entertaining the borrowers, receiving applications for grant of loan, verifying and scrutinising, genuineness of the same and preparation of disbursement notes etc. were only .....
Tag this Judgment!Court : Delhi
Decided on : Oct-24-2007
Reported in : 2008CriLJ1109; 2007(99)DRJ278
..... got them encased at bangalore.hence, all the formalities were completed at bangalore. so, offence of criminal/civil nature or under section 138 of negotiable instrument act is committed in the jurisdiction of bangalore.12. the relevant portion of impugned order dated 29th july, 2006, passed by the magistrate, read as under:it ..... filed a complaint in the court of the magistrate alleging commission of offences punishable under sections 498-a and 406, ipc and section 4 of the dowry prohibition act, 1961. the magistrate directed the police to investigate the case. after investigation, the police filed the charge-sheet. when the matter stood thus, the appellants ..... by the complainant in the complaint as to how any part of the offence was committed within the jurisdiction of the court at new delhi. the entire acts starting from entertaining the borrowers, receiving applications for grant of loan, verifying and scrutinising, genuineness of the same and preparation of disbursement notes etc. were .....
Tag this Judgment!Court : Gujarat
Decided on : May-14-2007
Reported in : (2007)3GLR2716
..... and demolished the property. shri bhavan desai and other staff called mobile police which came and went away. the complaint given to the police at navrangpura was never acted upon. the accused have taken law into their hands and used muscle power against the complainant.18.9. the wife of harish shah informed about the incident immediately ..... judge, who allowed the same on the objection raised by the accused based upon section 197 cr.p.c. and also section 161(1) of the bombay police act, which creates a bar of limitation of one year. the revision preferred by the complainant against the order of discharge was allowed by the high court on the ..... the superintendent of police and deputy superintendent of police alleging commission of several offences under the indian penal code and also under section 147g of the bombay police act. the metropolitan magistrate took cognizance of the offence and issued process to the accused, who on appearance filed a petition for discharge on the ground that no .....
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