U/s 304b
sanjay aggarwal
(Querist) 17 October 2011
This query is : Resolved
whether there are any relevant case law regarding 304B complaint that dowery given is convicted while admit in complaint plaint.
Sankaranarayanan
(Expert) 17 October 2011
Jacob Mathew vs State Of Punjab & Anr on 5 August, 2005
you want to read full judgement then you visit the india kanoon .org
Shonee Kapoor
(Expert) 17 October 2011
What is the query? I am unable to understand and how this caselaw applicable to the query?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 17 October 2011
Sushil Kumar v. State of Haryana (SUPREME COURT OF INDIA)
Date of Judgment : 10/8/2004
Indian Penal Code, ss. 304B, 498A - Conviction - Appeal against conviction - Whether conviction sustainable? - Held in absence of any evidence to show that victim was subjected to cruelty or harassment soon before death, no offence under s. 304B is made out - Absolutely no evidence of coercion, conviction under s. 498A becomes unwarranted - Convictions and sentences of appellant set aside...
The State of Andhra Pradesh v. Raj Gopal Asawa and Another (SUPREME COURT OF INDIA)
Date of Judgment : 17/3/2004
IPC, 1860, ss. 304 B and 498 A and IEA, 1872, s. 113 B - conjoint reading 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 out the possibility of a natural or accidental death so as to bring it within the purview of the 'death occurring otherwise than in normal circumstances' - _expression 'soon before' is very relevant - prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that case presumption operates -'Soon before' is a relative term and it would depend upon circumstances of each case and no strait-jacket formula can be laid down as to what would constitute a period of soon before the occurrence - hazardous to indicate any fixed period, and that brings in the importance of a proximity test both for the proof of an offence of dowry death as well as for raising a presumption under Section 113-B of the Evidence Act - held on facts that in view of the death occurring within the very few months of the marriage, and the evidence of PWs 2, 3, 4 and 6 that shortly before the deceased committed suicide, demand of dowry was made, the plea in untenable. The accusations clearly stand established so far as A-1, respondent no.1 is concerned. So far as accused A-3 is concerned, there is no evidence that he ever made any demand of dowry -- custodial sentence of 7 years would meet the end of justice for respondent no.1 - appeal partly allowed....
Satvir Singh and otherswith Tejinder Pal Kaur v. State of Punjab and another (SUPREME COURT OF INDIA)
Date of Judgment : 27/9/2001
Under Section 304 B, it is not enough that harassment or cruelty was caused to the woman with a demand for dowry at some time, but it should have happened .
prashant pundhir
(Expert) 18 October 2011
Dowary given at the time of the marriage does not come in the defination of dowary as per the D/P act as it is counted as the gifts given to the girl by there relatives and parents .It is also called "streedhan".So it's admission is not any crime .
