Judgments - Dowry Death
BASISTH NARYAN YADAV Vs. KAILASH RAI AND ORS
We find that although the case of the prosecution suffers from many infirmities and there has been unexplained reluctance in bringing the relevant witnesses on record, apart from parents of the deceased, the doctor and the Investigating Officer, even Triloki Sharma and the Chowkidar who saw the accused persons disposing of the body of the deceased, have also not been examined. Yet we may not Full Judgment
Sandeep and Anr. Vs State of Haryana
The incompatibility or inconsistency can be said to arise if the assertions in one dying declaration are so diametrically opposed to the statements in the other that both cannot stand together. 21. In view of the above, the law on the issue of dying declaration can be summarised to the effect that in case the court comes to the conclusion that the dying declaration is true and reliable, has been recorded Full Judgment
RAMAKANT MISHRA @ LALU ETC. Vs. STATE OF U.P.
Succinctly stated, it had been held therein that the use of word 'shown' instead of 'proved' in Section 304B indicates that the onus cast on the prosecution would stand satisfied on the anvil of a mere preponderance of probability. In other words, 'shown' will have to be read up to mean 'proved' but only to the extent of preponderance of probability. Thereafter, the word 'deemed' Full Judgment
RAJINDER SINGH Vs. STATE OF PUNJAB
Given that the statute with which we are dealing must be given a fair, pragmatic, and common sense interpretation so as to fulfill the object sought to be achieved by Parliament, we feel that the judgment in Appasaheb's case followed by the judgment of Kulwant Singh do not state the law correctly. We, therefore, Full Judgment
GHUSABHAI RAISANGBHAI CHORASIYA & ORS. Vs. STATE OF GUJARAT
The singular issue that requires to be scrutinized is whether there was such cruelty by the husband and his relations that could have driven the deceased to commit suicide. - "Marital relationship means the legally protected marital interest of one spouse to another which include marital obligation to another like companionship, living under the same roof, Full Judgment
BHIM SINGH & ANR. Versus STATE OF UTTARAKHAND
-The demand for dowry can be made at any time and not necessarily before marriage.- -Unlike as in Section 304- B where the court "shall presume" dowry death, when the prosecution has established the ingredients, under Section 113A of the Evidence Act, discretion has been conferred upon the Court wherein it has been provided that the Court may Full Judgment