Shobha Rani Versus Madhukar -Reddy12/11/1987-We are, however, not concerned with criminal offence either under the Dowry Prohibition Act or under the Indian Penal Code. We are concerned with a matrimonial conduct which constitutes cruelty as a ground for dissolution of marriage. Such cruelty if not admitted requires to be proved on the preponderance of propabilities as in civil cases and not beyond a reasonable doubt as in criminal cases.
A dying declaration is admissible in evidence under Section 32 of the Indian Evidence Act, 1872. It alone can also form the basis for conviction if it has been made voluntarily and inspires confidence. If there are contradictions, variations, creating doubts about its truthfulness, affecting its veracity and credibility or if the dying declaration is suspect, or the accused is able to create a doubt not only with regard to the dying declaration but also with regard to the nature and manner of death, the benefit of doubt shall have to be given to the accused. Therefore much shall depend on the facts of a case. There can be no rigid standard or yardstick for acceptance or rejection of a dying declaration.
In the case of Girdhar Shankar Tawade vs. State of Maharashtra (2002) 5 SCC 177, this Court gave a succinct enumeration of the object and ingredients of Section 498-A, IPC, when it […]
Penal Code, 1860—Section 306 read with Section 107—abetment of suicide—In cases of alleged abetment of suicide there must be proof of direct or indirect acts of incitement to commission of suicide—Act of abetment by person charged with said offence must be proved and established by prosecution before he could be convicted under Section 306—Merely on allegation of harassment without there being any positive action proximate to time of occurrence on the part of accused which led or compelled the person to commit suicide, conviction in terms of Section 306 IPC is not sustainable. Error! No text of specified style in document. vs. Error! No text of specified style in document.
CALCUTTA HIGH COURT DIVISION BENCH ( Before : Debiprasad Sengupta, J; Arun Kumar Bhattacharya, J ) SUBHASISH SINGHA AND OTHERS — Appellant Vs. STATE OF WEST BENGAL — Respondent C.R.A. No. 487 […]
The court had in July last year directed the creation of Family Welfare Committees in every district, which would verify the allegations of dowry harassment received by the police or magistrate. The […]
KEYWORDS :- DOWRY DEATH- DATE:- when an unnatural death of the married woman takes place within seven years of her marriage then a presumption, as envisaged in Section 113-A of the Evidence […]