DOWRY DEATH
   Contents

1.       Scope and effect

2.       Definition—Dowry death

3.       Ingredients of dowry death

4.       As inserted by Dowry Prohibition (Amendment) Act, 1986

5.       What is dowry

6.       Jurisdiction

7.       Bail in dowry death case

8.       Mens rea and motiveMens rea

9.       Cruelty or harassment

10.       FIR is not an encyclopedia.

11.       Investigation in dowry death case

12.       Complaint in 'dowry death' case

13.       Charge—Settled principle

14.       Alternative charges

15.       The intention of the Legislature

16.       Conjoint reading of section 113-B, Evidence Act and section 304-B, I.P.C

17.       Theory of suspicion

18.       It is condition precedent that there must be unimpeachable evidence

19.       Unnatural death either homicidal or suicidal

20.       Video cassette—Evidence/appreciation of evidence

21.       Death due to accidental burns caused from burning stove

22.       Death due to asphyxia but no conviction

23.       Reasonable doubt

24.       Case should be proved beyond reasonable doubt

25.       The age old principle of criminal jurisprudence

26.       Acquittal and/lapse of time

27.       The deceased mother and her 9 months old child died by falling into well—Post-mortem, doctor's opinion, evidence of two immediate post occurrence witnesses not supported—Statements of parents that deceased was ill-treated for insufficient dowry—Acquittal

28.       Evidence of prosecution witness, who is husband of deceased, that dowry death caused due to diarrhoea cannot be disbelieved merely because parents of such witness, were accused persons

29.       Where no evidence that father-in-law and mother-in-law living far way, made a demand of dowry—Acquittal—Oral testimony of witnesses and letters of deceased providing intrinsic evidence of demand of dowry and torture meted out to deceased by accused husband—Due to that suicide—Conviction reduced

30.       Appreciation of evidence

31.       Where categorical statements of prosecution witnesses that the accused was demanding dowry and pressurising the deceased

32.       Dowry death case based on medical evidence

33.       Where medical evidence not corroborating allegation that poison was poured into mouth of deceased—Extra-judicial confession made by accused cannot bind them—Acquittal

34.       Where section 304-B, I.P.C.

35.       Hostile witness

36.       Where statement of real uncle of deceased about no dowry

37.       Finding of trial court about dowry's allegations were put forward after deliberation and accused suffering from psychiatric depression supported by documentary evidence

38.       Statement of witness about demanding dowry and assaulting her not corroborated but contradicted—No direct evidence nor medical evidence supported any other injury

39.       Non-production of letters written by deceased about ill-treatment and dowry demand of accused—F.I.R.

40.       Inference of participation where accused absconded after incident, caused by accused alone present with deceased, but no explanation

41.       Dead body on railway lines—Medical evidence

42.       Theory of stranger's coming and causing the death

43.       Unnatural death—Proof

44.       In a case suggestion thrown to prosecution witness

45.       Prosecution established but in absence of direct evidence strong suspicion against accused

46.       Prosecution failed to prove dowry death—Conviction only under section 498-A on basis of cruelty

47.       When false case foisted by P.Ws.

48.       The well-settled law—Last chance of interference on the ground of mere probability of possibility in appeal against acquittal

49.       Allegation that death occurred before accused husband and father-in-law of deceased left station—No support by medical evidence—Evidence of deceased's daughter also relying such story—Other inmates of house neither suspected nor charge-sheeted—Acquittal on failure of prosecution

50.       Omission to give information of death of deceased to her parents showed that accused knew the death unnatural—Relations of deceased however informed—Conviction under section 202, I.P.C

51.       In dowry death case, continuous and persistent demand for dowry by accused husband going to extent of even disowning his wife—Eloquent proof of his having subjected wife to cruelty before her death

52.       Drawing inference of 'particepis criminis'

53.       After occurrence all accused person absconded—No reason for them to falsely implicate accused

54.       The cardial principle of criminal law

55.       In absence of material, dowry death not established

56.       Evidence of hostile witness not to be rejected, however corroboration necessary

57.       Material witness

58.       Deceased frustrated due to family breakings and certainly not due to cruelty or demand of dowry

59.       Allegation of demand of scooter—Which is no useful for parents of husband—Parent's conviction not maintainable

60.       Statement of parents about demand of dowry, regarding the cause of death but brother did not support the same—Acquittal

61.       Mere instigation—Sufficient

62.       Appellate court should not interfere if

63.       Inference of

64.       Proof

65.       Restoration of conviction and sentence imposed by the trial court

66.       Circumstantial evidence—Principle

67.       Principle of dying declaration

68.       Presumption as to abatment of suicide—Retrospectivity of law

69.       Theory of suicide

70.       Presumption as to dowry death under section 113-B, Evidence Act

71.       The rule of benefit of doubt

72.       To make an alternative case for prosecution

73.       The well-known principle of law

74.       Where prosecution has established beyond all reasonable doubts

75.       Unsafe to maintain conviction on the vague allegations

76.       Conviction

77.       Remedy

78.       Whether father of deceased liable

79.       Extreme punishment should be in rare cases

80.       Proof of offence

81.       Bride burning for dowry

82.       Application of deterrent theory

83.       Whether enhancement of sentence

84.       Sentence reduced

85.       A stern view taken by the Hon’ble Supreme Court

86.       A travesty of justice if sympathy is shown in awarding sentence

87.       Compound

88.       The law regarding appeal against acquittal—The principle settled by the Supreme Court

89.       Order of acquittal in appeal—Not set aside

90.       Delay in disposal of appeal by Supreme Court could not be a ground for not disturbing finding of acquittal by High Court when its judgment suffers from illegality or manifest error perversity

91.       The principle in the case of appeal against acquittal

92.       Bound duty of appellate court

93.       Composite sentence

94.       Limitation

95.       Matters remanded to the trial court

96.       Suspension of sentence

97.       Accused had consented to conduct of the case in absence of the senior counsel by his junior—Appeal allowed

98.       Article 20 (1) of the Constitution—Fundamental right

99.       Supreme Court in its exercise of power can itself examine

100.       Suspension of sentence

101.       To reapprise the evidence, where reasons for acquittal are found to be wholly unsound