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Despite such pressure,she was not able to get that money from her family | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It is the case of the prosecution that for non-payment of dowry,the accused persons harassed the deceased and subjected her to cruelty | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
They even refused to send her to her parental house | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
This was informed by the deceased to various persons,including her relatives and elders | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
She was unable to bear the cruelty to which she was subjected,by the accused persons | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
On 15th February,2003,at about 11 a.m.,the deceased committed suicide by hanging herself in the house of the accused | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
When Pathan Basheerunnisa,LW3 returned from her work,the accused sent her out giving her money to bring the soaps upon which she went out and when she came back,she found the accused absent and the bride hanging in the house | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Subsequently,LW-3 Pathan Basheerunnisa sent her grandson Pathan Inayatullah Khan,LW-4 to the house of the parents of the deceased to inform them about the incident | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
When the parents of the deceased came to the house of the accused and found the deceased hanging from the beam with a saree,they untied her and took her to the Government General Hospital,Guntur hoping that the deceased may be alive | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
However,upon medical examination by the doctor,she was declared brought dead | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The father of the deceased Pathan Yasin Khan,LW-1 and her mother Pathan Shamshad Begum,LW-2 were present at that time | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
LW-1,lodged the report,which was registered by Sri K.Srinivasarao,LW-16,the Sub-Inspector of Police | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The FIR was registered under Section 304B and Section 498A of the Indian Penal Code,1860 (for short the "IPC").Thereafter,investigation was conducted by one Shri P.Devadass,LW-17.He inspected the site from where he recovered and seized the saree that had been used for hanging | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
This was done in the presence of LW-10 and LW-11,Shaik Ibrahim and Mohd | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Ghouse,respectively | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Thereupon,the body was sent for postmortem examination through Constable P.Venkateswara Reddy,LW-15.LW-17,P.Devdass,also took photographs of the scene.3 LW-13,Dr | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
M.Madhusudana Reddy conducted autopsy over the body of the deceased and prepared post-mortem certificate giving the cause of death as asphyxia,as a result of hanging | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
On 16th February,2003,at about 5 p.m.,Investigating Officer arrested all the three accused persons | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
They faced the trial and were convicted by learned Sixth Additional Munsif Magistrate,Guntur for committing an offence under Sections 498A and 304B IPC | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
They were committed to the Court of Sessions,Guntur Division,Guntur for such an offence | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
They faced the trial and the learned Sessions Judge vide its judgment dated 4th October,2004 found them guilty of the said offences and punished them as follows: "Hence A.1 to A.3 are sentenced to undergo R.I.for THREE YEARS and further sentenced to pay a fine of Rs.1,000/each (total fine amount Rs.3,000/-) offence punishable u/s.498-A IPC.I.D.of the fine amount of Rs.1000/to undergo SI for 9 months | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
And further A.1 to A.3 are sentenced to undergo imprisonment for LIFE for the offence u/s.304-B IPC.Both the sentences shall run concurrently | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The undergone remand period of A.1 to A.3 shall be set off u/s.428 Cr | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
P.C.M.O.1 shall be destroyed after expiry of appeal time | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The unmarked property if any shall be destroyed after expiry of appeal time | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The judgment dated 4th October,2004 passed by the learned Trial Court was challenged in appeal before the High Court | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The High Court of Andhra Pradesh,vide its judgment dated 26th October,2006,while allowing the appeal in part,convicted accused Nos.1 and 2 for the aforementioned offences,however,acquitted accused No.3,namely,Pathan Khadar Basha | Ruling by Lower Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The sentence awarded by the Trial Court was confirmed | Ruling by Lower Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
This gave rise to filing of the present appeals | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
First and the foremost,we must consider what is the evidence led by the prosecution to bring home the guilt of accused | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Accused were charged with offences under Sections 498A and 304B of the IPC.The FIR in the present case was lodged by LW-1,who is the father of the deceased | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
According to this witness,on 23rd January,2002,the marriage of his daughter was solemnised with accused Pathan Hussain Basha and he had accepted to give Rs.25,000/in marriage | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
He had given only Rs.15,000/and had agreed to pay Rs.10,000/-,after four months | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
This witness has further specifically stated that the said accused treated his daughter in a proper manner for about two months | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In the marriage,he had also given a gold chain,a double bed,an iron safe and other items | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
He had called his son-in-law,accused No.1,to his house,as per custom,at that point the accused demanded a ceiling fan | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
A ceiling fan was lying with the witness and he gave that to his son in law,however,he protested the same on the ground that the old fan is not acceptable to him and he would like to have a new fan,which was bought for Rs.650/by the witness and given to his son-in-law | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
When he again invited his son-in-law and the mother-in-law of his daughter,even then he had gifted some presents to them | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The accused asked for Rs.1,000/with a ring for the deceased | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The witness could pay only Rs.500/upon which the accused refused to take the deceased to the matrimonial home and went away | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Later on,the accused came to fetch deceased | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Subsequently,the motherin-law of the deceased,again,demanded the balance dowry amount of Rs.10,000/-,which he could not pay | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
His daughter,after the Ramzan festival,had informed him that the accused persons were harassing her and were even beating and abusing her | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
All three accused used to beat her for the remaining amount of dowry | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
On 15th February,2003,a boy had come to him and told him that his daughter had died by hanging herself,whereupon he went to the house of the accused and found that his daughter was hanged to a wooden beam with a saree and she was dead | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The saree was removed,she was taken to the hospital where she was reported to have 'brought dead'.The statement of this witness i.e.LW-1 is corroborated by LW-3 and LW-7 | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It is stated by LW-3 that she knew all the accused persons as she was residing in the house of the accused and the deceased | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
According to this witness also,in the beginning they were happy,however after some time,she used to hear some quarrel between the deceased and the accused persons | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Accused No.2,Pathan Nazeer Abi had given her some amount and asked her to go and bring the soaps | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
After bringing the soaps,she went to the house of the accused persons and found that the accused was absent and the deceased was hanging on one side of the room | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
After seeing this,she raised cries and people came to the scene | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
LW-4,Pathan Inayatullah Khan,the grandson of LW-3,went to the house of the parents of the deceased and informed them about the unfortunate incident | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
LW-7 stated on oath that he was present at the time of giving of dowry to the accused by the family of the deceased | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
He confirmed the fact that Rs.15,000/was given at the time of marriage and Rs.10,000/was to be given within some time,which the father of the deceased failed to provide | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
According to him,the accused persons used to harass the deceased primarily for non-payment of the amount of dowry,as a result of which,she was forced to commit suicide | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In fact,there is no dispute to the fact that the deceased died of hanging | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Dr | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
M.Madhusudana Reddy,LW-13 who was the Associate Professor in Forensic Medicine at Guntur Medical College,performed the post-mortem over the body of the deceased | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In the medical report,LW13,he noticed "Oblique ligature mark of 17 x 2.5 cm present over front and left sides of neck" as well as noticed "Abrasion 1.5 x 1 cm present over lower part of middle of chin | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Injuries were found to be antemortem in nature,and the cause of death was stated to be asphyxia,as a result of hanging | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
LW-14 is a witness to the seizure of the body and she noticed injuries on the body of the deceased | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
From the above evidence,it is clear that the dowry demands were being raised by the accused persons persistently from the family of the deceased and for that they even harassed the deceased,by beating and abusing her | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
She had informed her parents of the ill-treatment and the cruelty inflicted on her for non-giving of dowry | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The period intervening between the marriage and the death of the deceased is very small | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
They were married in the year 2002 and she committed suicide by hanging on 15th | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
February,2003.The witnesses,including LW-1 have stated that for the first few months they were happy,but thereafter,there were quarrels between the accused and the deceased | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Accused Pathan Hussain Basha,when he had gone to the parental house of the deceased,demanded different items like fan,ring and Rs.1,000/in cash,and the balance of the agreed dowry amount | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Since,these demands were not satisfied instantaneously,he even left the deceased at her parental house | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
At this stage,it will be appropriate for us to examine as to what are the ingredients of an offence punishable under Section 304B of the IPC | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In the case of Biswajit Halder alias Babu Halder and Others v | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
State of W.B.[(2008) 1 SCC 202 2007 Indlaw SC 304],the Court stated the ingredients of this provision as follows: "10.The basic ingredients to attract the provisions of Section 304-B are as follows | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
1) the death of a woman should be caused by burns or fatal injury or otherwise than under normal circumstances; (2) such death should have occurred within seven years of her marriage; (3) she must have been subjected to cruelty or harassment by her husband or any relative of her husband; and (4) such cruelty or harassment should be for or in connection with demand for dowry | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
11.Alongside insertion of Section 304-B in IPC,the legislature also introduced Section 113-B of the Evidence Act,which lays down when the question as to whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for,or in connection with,any demand for dowry,the court shall presume that such person had caused the dowry death | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
12.Explanation appended to Section | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
113-B lays down that: "For the purpose of this section,'dowry death' shall have the same meaning as in Section 304-B of Indian Penal Code | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
13.If | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Section 304-B IPC is read together with Section 113-B of the Evidence Act,a comprehensive picture emerges that if a married woman dies in unnatural circumstances at her matrimonial home within 7 years from her marriage and there are allegations of cruelty or harassment upon such married woman for or in connection with demand of dowry by the husband or relatives of the husband,the case would squarely come under "dowry death" and there shall be a presumption against the husband and the relatives | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Besides examining the ingredients of the provision,it would also be necessary for us to examine the meaning and connotation of the expressions 'dowry death','soon before her death' and 'in connection with,any demand for dowry' as appearing in the said section | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Amongst others,lapse of time between the date of marriage and the date of death is also a relevant consideration for the Court while examining whether the essential ingredients of the provision are satisfied or not in a given case | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In the case of Ashok Kumar v | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
State of Haryana [(2010) 12 SCC 350 2010 Indlaw SC 502],this Court explained these terms in some elucidation and the effect of the deeming fiction appearing in the section,as follows: "11.The appellant was charged with an offence under Section 304-B of the Code | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
This penal section clearly spells out the basic ingredients as well as the matters which are required to be construed strictly and with significance to the cases where death is caused by burns,bodily injury or the death occurring otherwise than under normal circumstances,in any manner,within seven years of a marriage | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It is the first criteria which the prosecution must prove | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Secondly,that "soon before her death" she had been subjected to cruelty or harassment by the husband or any of the relatives of the husband for,or in connection with,any demand for dowry then such a death shall be called "dowry death" and the husband or the relative,as the case may be,will be deemed to have caused such a death | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The Explanation to this section requires that the expression "dowry" shall have the same meaning as in S.2 of the Act | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
12.The definition of "dowry" under S.2 of the Act reads as under: "2.Definition of dowry | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In this Act,'dowry' means any property or valuable security given or agreed to be given either directly or indirectly- (a) by one party to a marriage to the other party to the marriage; or (b) by the parents of either party to a marriage or by any other person,to either party to the marriage or to any other person,at or before or any time after the marriage in connection with the marriage of the said parties,but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Explanation II.-The expression 'valuable security' has the same meaning as in S.30 of the Penal Code (45 of 1860 | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
From the above definition it is clear that,"dowry" means any property or valuable security given or agreed to be given either directly or indirectly by one party to another,by parents of either party to each other or any other person at,before,or at any time after the marriage and in connection with the marriage of the said parties but does not include dower or mahr under the Muslim Personal Law | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
All the expressions used under this section are of a very wide magnitude | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The expressions "or any time after marriage" and "in connection with the marriage of the said parties" were introduced by the amending Act 63 of 1984 and Act 43 of 1986 with effect from 2-101985 and 19-11-1986 respectively | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
These amendments appear to have been made with the intention to cover all demands at the time,before and even after the marriage so far they were in connection with the marriage of the said parties | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
This clearly shows the intent of the legislature that these expressions are of wide meaning and scope | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The expression "in connection with the marriage" cannot be given a restricted or a narrower meaning | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The expression "in connection with the marriage" even in common parlance and on its plain language has to be understood generally | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The object being that everything,which is offending at any time i.e.at,before or after the marriage,would be covered under this definition,but the demand of dowry has to be "in connection with the marriage" and not so customary that it would not attract,on the face of it,the provisions of this section | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
At this stage,it will be appropriate to refer to certain examples showing what has and has not been treated by the courts as "dowry".This Court,in Ran Singh v | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
State of Haryana,(2008) 4 SCC 700 2008 Indlaw SC 120 held that the payments which are customary payments,for example,given at the time of birth of a child or other ceremonies as are prevalent in the society or families to the marriage,would not be covered under the expression "dowry | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Again,in Satvir Singh v | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
State of Punjab,(2001)8 SCC 633 2001 Indlaw SC 224 | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
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