Court : Orissa
Reported in : I(1998)DMC660
..... 105 of 1997 registered under sections 498a, 304b/34, indian penal code, and section 4 of the dowry prohibit) on act, the application under section 438, code of criminal procedure, has been filed.3. ..... in the detailed fir dated 22.8 1997 lodged by the father of the deceased it has been alleged that there was demand for dowry at the time of marriage by the father-in-law and mother-in-law. ..... mostly on account of two factors: (i) she was being over-worked in her in-laws' family the major blame for which has been ascribed to her mother-in-law; and (ii) her husband was incapable of performing the act of sexual intercourse. ..... it is also alleged that subsequently, the deceased was being tortured for non- fulfilment of demand for dowry. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1987Ori134
..... all these articles, which were taken by her as dowry, the details of which have been given in schedule 'a' of the plaint, were kept in the house and custody of defendant no. 1.3. ..... the facts and circumstances and the broad probabilities of the case lead us to believe that the plaintiff was not allowed to take back her gold ornaments which she had brought as dowry to the house of the defendants.11. ..... as regards the other dowry articles brought by the plaintiff it has been stated in the written statement that the same may at best be worth rs. ..... according to the plaintiff the defendants were not satisfied with the extent of dowry taken by her and began ill-treating her in several ways in order to extract more dowry. .....
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT786; I(2008)DMC457; 2007(II)OLR356
..... tried the case, by his judgment dated 4.11.1996, while acquitting the appellants of the charge under section 306, ipc, convicted them under section 498a ipc and section 4 of the dowry prohibition act and sentenced each of them to undergo rigorous imprisonment for two years under section 498a ipc and rigorous imprisonment for one year under section 4 of the dowry prohibition act with the direction that both the sentences shall run concurrently.6. mr. ..... of 1995 gdc) whereby the appellants have been convicted under sections 498a ipc and 4 of the dowry prohibition act read with section 34 ipc and sentenced to undergo imprisonment for two years under section 498a ipc and one year under section 4 of the dowry prohibition act; the sentences to run concurrently. ..... learned counsel for the appellants, submitted that, as is evident from the impugned judgment, the trial court found the appellants guilty under section 498a ipc and section 4 of the dowry prohibition act relying upon the evidence of p.ws. ..... of such information, the police registered a case, proceeded with the investigation and after closure of the same submitted charge sheet against the appellants under sections 498a/306 ipc and section 4 of the dowry prohibition act read with section 34 ipc.3. ..... regarding teasing and subjecting the deceased to cruelty to extract more dowry has been amply corroborated by the documentary evidence, i.e. ..... 11 to conclude that there was demand for dowry after marriage is improper since contents of the .....
Tag this Judgment!Court : Orissa
Reported in : 2008CriLJ4170; 2008(II)OLR513
..... all the three appellants having been convicted for commission of offences under sections 302/304-b/498-a read with section 34 of the indian penal code (in short 'ipc') as well as under section 4 of the dowry prohibition act and sentenced to imprisonment for life for their conviction under section 302/34 and 304-b/34 ipc, imprisonment for three years for their conviction under section 498-a/34 ipc and imprisonment for one year ..... 9 in his deposition has stated abut the torture and assault on deceased for non-payment of additional dowry demand and no contradiction in that regard has been brought out from the evidence of i.o.p.w.17. p.w. ..... in course of investigation, the wearing apparels and ornaments of the deceased apart from some letters and dowry articles claimed to have been given at the time of marriage, were seized. ..... further, it appears from the evidence of all these witnesses that accusation regarding further demand of dowry as well as the allegation of torture and assault are against appellant no. ..... , it appears that no contradiction has been brought out so far as demand of dowry and torture are concerned.p.w.12 is the purohit, who conducted the marriage and has stated about payment of rs. ..... 10 had not stated about the demand of dowry at the time of marriage or further demand of dowry four to five months after the marriage before the i.o. ..... 4 and she has also stated about the demand of dowry and misbehaviour shown to the deceased though in a different manner. .....
Tag this Judgment!Court : Orissa
Reported in : 2004CriLJ505; 2003(II)OLR538
..... by the learned additional sessions judge, balasore convicting the three appellants under section 498-a read with section 34, ipc read with section 4 of the dowry prohibition act and sentencing each of them to undergo rigorous imprisonment for three years under section 498-a, ipc only, is challenged in this appeal.2. ..... of any evidence as to subjecting the deceased to cruelty or harassment for or in connection with demand of dowry, only on the basis of some vague and inconsistent statements of interested witnesses like parents of the deceased, and in absence of any cogent evidence of any near relative or neighbour of the parties about cruelty or harassment meted out to the deceased by the accused persons in relation to demand of dowry no conviction under section 498-a ipc or under section 4 of the dowry prohibition act can be sustained.16a. ..... the acquital of the accused persons of the charges under sections 304-b and 306 ipc, their conviction under section 4 of the dowry prohibition act was not just and proper. ..... ipc and section 4 of the dowry prohibition act and the sentence passed against the appellants ..... of such finding he held all the three appellants guilty under sections 498-a/34 ipc and 4 of the dowry prohibition act and convicted them thereunder. ..... that needs scrutiny in this appeal is whether after acquittal of the appellants of the charges under section 304-b and 306 ipc, their conviction under section 498-a ipc and section 4 of the dowry prohibition act can be sustained.11. .....
Tag this Judgment!Court : Orissa
Reported in : 2006CriLJ3809; II(2006)DMC624; 2006(II)OLR128
..... sunita agarwal alleging commission of offences under sections 498a/325/307/506/34 ipc read with section 4 of the dowry prohibition act, bargarh p.s. ..... prashant kumar mukherjee reported in : 1997crilj2985 , which deals with alleged commission of offences punishable under sections 498a, 506 and 323 ipc, the supreme court held that though the dowry demands were made earlier, the husband of the complainant went to the police where the complainant was residing and had assaulted her and therefore on the factual background clause (c) of section 178 was attracted. ..... in other words, according to the fir story, no demand of dowry was made at bargarh nor is there any whisper with regard to any act by the petitioners constituting commission of offences at bargarh. ..... 'cause of action' has also been taken to mean that a particular act on the part of the defendant which gives the plaintiff his cause of complaint, or the subject-matter of grievance founding the action, not merely the technical cause of action.10. ..... 2 had left her matrimonial house on 22nd may, 2001 on account of alleged demand of dowry by her husband and in-laws. ..... the fir does not reveal allegation about demand of dowry thereafter. .....
Tag this Judgment!Court : Orissa
Reported in : 90(2000)CLT630; 2000CriLJ3260; I(2001)DMC231; 2000(I)OLR670
..... misra has further been convicted under section 4 of the dowry prohibition act and sentenced to rigorous imprisonment for six months thereunder. ..... also not found guilty under section 4 of the dowry prohibition act and appellant no. ..... section 4 of the dowry prohibition act and of appellant no. ..... seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called 'dowry death ', and such husband or relative shall be deemed to have caused her death.xxx xxx xxx xxx xxx xxx'the deceased and her husband (p.w. ..... such, the death of the deceased cannot be called ' dowry death' punishable under section 304b of the indian penal code ..... he has denied that there was any dowry demand at the time of the marriage though he has stated that he was not aware of any ill-treatment to the deceased by the ..... and seized the wearing apparels of the deceased after the post-mortem examination as also some other articles given in dowry at the time of marriage of the deceased. ..... that soon before her death the deceased was subjected to cruelty or harassment by the appellants for, or in connection with, any demand for dowry is found to be erroneous and unsustainable. ..... elder sister of the deceased, are consistent in their statements regarding complaint of harassment to the deceased by her in-laws for not fulfilling the dowry demand regarding a gold necklace. .....
Tag this Judgment!Court : Orissa
Reported in : 108(2009)CLT29
..... and section 4 of the dowry a prohibition act and sentencing them to undergo r.i. ..... while undergoing treatment at the said hospital on 28.1.2003 and since the deceased had been subjected to cruelty or harassment before her death by both her husband, brother-in-law and other relatives in connection with demand of dowry, the death of the deceased has to be held to be a dowry death as mandated under section 304(b) and consequently, the appellant no. ..... and seized a white colour plastic container emitting kerosene smell as well as various dowry articles and effected arrest of benga khuntia and dharamananda khuntia (husband of the deceased) and forwarded them to the court. ..... , cooler and other articles such as dressing table, tea table as dowry according to the demand of the accused persons, but further stated that the 'bhara saja' (traditional gift from the bride's family to the groom's family) could not be given due to the financial difficulty and ..... case of the prosecution is clearly established not only by the evidence of p.ws.1, 2 and 3 but also by exhibits 2 and 3 which are the letters written by the deceased regarding the cruelty being inflicted on her on account of non-fulfillment of dowry demands. ..... act. ..... act, r.i. .....
Tag this Judgment!Court : Orissa
Reported in : 89(2000)CLT280; 2000CriLJ1560
..... and section 4, dowry prohibition act. ..... shall be signed by the complainant and the witnesses, and also by the magistrate:provided that, when the complainant is made in writing, the magistrate need not examine the complainant and the witnesses-(a) if a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or(b) if the magistrate makes over the case for inquiry or trial to another magistrate under section 192:provided further that if the magistrate ..... (4) where a magistrate orders investigation by the police before taking cognizance under section 156(3) of the code and receives the report thereupon he can act on the report and discharge the accused or straightway issue process against the accused or apply his mind to the complaint filed before him and take action under section 190 as described above.referring to the ..... forwarding of a complaint under section 156(3) by the magistrate for investigation by police is an act which must happen before the magistrate applies his judicial mind to take cognizance of the offence. ..... 1) and the other petitioners regarding demand of dowry and ill-treatment and torture for not fulfilling the dowry demand constituting the offences under sections 498a/323/506/34, i.p.c. ..... be that as it may, according to clause (a) of the first proviso in section 200, if a public servant acting or puporting to act in the discharge of official duties. .....
Tag this Judgment!Court : Orissa
Reported in : 2006CriLJ4027; I(2007)DMC150; 2006(II)OLR311
..... a close scrutiny of the evidence adduced during the trial of the case by both the prosecution witnesses as well as the defence witnesses, sufficient doubt arises with regard to the question of demand of dowry made by the accused-appellant and his relations at the time of marriage of the deceased for which we are unable to uphold the conviction of the accused-appellant under section 4 of the d.p ..... it is further alleged that the accused-appellant along with his mother made a further demand for a scooter as dowry subsequent to the marriage and as the parents of the deceased could not immediately fulfil the said demand, the accused-appellant along with his mother was torturing ..... subsequently, a demand was made by the accused persons for a scooter as dowry, which could not be fulfilled by the family of the deceased and for that reason, in the absence of the husband of the deceased, she was being physically and mentally tortured, which the informant ..... though he states that in order to pay the demand of cash as dowry, he sold a piece of land to one dhusasan dash and another piece of land to one rama chandra bastia, none of the said purchasers have been examined as witnesses by ..... he states in his examination-in-chief that the demand for dowry was made by hara prasanna panda, the appellant and ..... his evidence categorically stated that at the time of marriage, there was absolutely no demand for dowry made by the family of the accused-appellant.11. ..... act and under section ..... act and sentencing him to .....
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