FIRST LAW

Penal Code, 1860 – Sections 304B and 498A - To constitute an offence under Section 304B and Section 498A IPC, it not mere bickering which would amount to an offence but it should be harassment of such a nature that would drive a woman to commit suicide.

Penal Code, 1860 – S. 304B & 498A -  Evidence Act, 1872 – S. 113B - D emand of cash as well as one colour TV - the presumption cannot apply unless it is established that soon before her death, a woman has been subjected to cruelty or harassment for or in connection with any demand for dowry.

Penal Code, 1860 – Ss. 302, 304B & 498A – Dowry Prohibition Act, 1961 - Ss. 3 & 4 - N either before marriage, the demand of dowry i.e. Colour T.V. and Hero Honda Motorcycle was made nor was it made immediately after marriage rather the same was made two years after marriage - witness was not able to state that soon before the death of the deceased, there was any demand of the aforesaid items - the offence has been committed by the appellant not under Section 304-B I.P.C. rather the same has been found to have been committed under Section 302 I.P.C.