Category: Dowry Death

HELD the deceased was done to death by strangulation and thereafter an attempt was made to camouflage the death as one which arose out of burn injuries. The evidence of PWs 1, 2 and 3 is quite consistent, cogent and firmly establishes not only the demands for dowry but dowry related harassments that the deceased was subjected to. Appeal dismissed.

SUPREME COURT OF INDIA FULL BENCH SAREPALLI SREENIVAS AND OTHERS — Appellant Vs. STATE OF ANDHRA PRADESH — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Pamidighantam…

Word ‘dowry’ and takes in its ambit any kind of property or valuable security, demand for money for construction of house as falling within the definition of the word ‘dowry’ – Trial Court was correct and the husband deserved to be convicted under Sections 304-B and 498-A IPC – Appeal partly allowed.

SUPREME COURT OF INDIA FULL BENCH STATE OF MADHYA PRADESH — Appellant Vs. JOGENDRA AND ANOTHER — Respondent ( Before : N.V. Ramana, CJI, A.S. Bopanna and Hima Kohli, JJ.…

Dowry Death – Brutally assault and harassment – Deceased was done away with within the four walls of her matrimonial home – Recovery of dead body from banks of river -There is sufficient evidence brought on record to inculpate husband of deceased – As for mother-in-law from the evidence on record only certain omnibus allegations have been made against her with respect to dowry demands – Respondent-State has not been able to indicate any specific allegations, nor point to any specific evidence or testimony against her – Conviction of husband of deceased maintained – Conviction of mother-in-law set aside.

SUPREME COURT OF INDIA FULL BENCH PARVATI DEVI — Appellant Vs. THE STATE OF BIHAR NOW STATE OF JHARKHAND AND OTHERS — Respondent ( Before : N.V. Ramana, CJI, Surya…

Dowry Death – There is sufficient evidence brought on record to inculpate husband of deceased – As for mother-in-law from the evidence on record only certain omnibus allegations have been made against her with respect to dowry demands – Respondent-State has not been able to indicate any specific allegations, nor point to any specific evidence or testimony against her – Conviction of husband of deceased maintained – Conviction of mother-in-law set aside.

SUPREME COURT OF INDIA FULL BENCH PARVATI DEVI — Appellant Vs. THE STATE OF BIHAR NOW STATE OF JHARKHAND AND OTHERS — Respondent ( Before : N.V. Ramana, CJI, Surya…

A sweeping statement has been made that the husband and in-laws of the deceased had inflicted cruelty or it has been stated that the husband and his mother had done so, without specifying their roles – However, the said evidence would be sufficient to hold the appellant No.1 guilty but same would be insufficient to hold the appellant No.2 guilty – Conviction and sentence imposed on the appellant No.1 is affirmed, while the conviction and sentence imposed on the appellant No.2 is set aside – Appeal allowed in part.

SUPREME COURT OF INDIA FULL BENCH KULJIT SINGH AND ANOTHER — Appellant Vs. THE STATE OF PUNJAB — Respondent ( Before : N.V. Ramana, CJI, A.S. Bopanna and Hima Kohli,…

Dowry death – Death due to poisoning- Offences under Section 498-A and Section 304-B, IPC are distinct in nature – Although cruelty is a common thread existing in both the offences, however the ingredients of each offence are distinct and must be proved separately by the prosecution – If a case is made out, there can be a conviction under both the sections.

SUPREME COURT OF INDIA FULL BENCH GURMEET SINGH — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : N.V. Ramana, CJI., Surya Kant and Aniruddha Bose, JJ. ) Criminal…

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Motor Vehicles Act, 1988 — Sections 166, 168 — Compensation — Assessment of annual income of deceased/claimant on the basis of Income Tax Returns — Whether the ITR of the previous year alone, or the average of the previous two/three years, is to be taken — Held, no hard and fast formula governs computation of annual income; ITRs, being statutory documents, are an important reference point, but a bifurcation must be made between salaried and self-employed individuals — (i) For salaried individuals, the ITR of the previous year alone ordinarily suffices, since the financial impact of a promotion or salary revision is best reflected in that year’s return; where the deceased had not completed a year in a promoted position, or had not filed a return for that period, the Court may rely on the promotion letter and other corroborative financial statements; (ii) For self-employed persons/those running their own business, the average of the ITRs for up to the previous three years is to be taken as the reference point, having regard to the inherent income fluctuation in such professions — In assessing self-employed income, the surrounding circumstances to be additionally considered include: (a) the nature of the business (including geography and category); (b) its growth pattern and the impact of the death on the business; (c) its potential/future growth, including capital-intensive businesses profitable only at scale; (d) the possibility of negative income in initial years not reflecting the true financial standing; and (e) any other relevant factor — The date of filing of an ITR is also relevant, since income may be inflated after the death/injury; such returns call for closer scrutiny against surrounding financial statements, though they are not to be excluded outright merely for being filed post-death, if adequately supported.