Dowry Death -- Demand for Money to Set Up Business -- Demand connected with marital relationship remains dowry demand despite disclosed business purpose
(i) Indian Penal Code, 1860, S.304B -- Dowry Death -- Demand for Money to Set Up Business -- A demand for money connected with the marital relationship does not cease to be a dowry demand merely because the purpose disclosed for it is setting up a business rather than personal use. (ii) Indian Penal Code, 1860, S.304B -- Dowry Death -- No Requirement of Concluded Agreement -- Section 304B IPC does not require proof of a concluded agreement to give dowry, though the other statutory requirements for attracting the offence must be established. (iii) Indian Penal Code, 1860, S.304B -- Dowry Death -- Absence of Physical Injuries -- Absence of physical injuries on the deceased does not by itself negate cruelty or dowry harassment where the evidence otherwise establishes such conduct. (iv) Indian Penal Code, 1860, S.304B -- Dowry Death -- Meaning of "Soon Before Her Death" -- The expression "soon before her death" under Section 304B is a relative term and cannot be confined to any fixed period. What is required is a proximate and live link between dowry-related harassment and the death. (v) Indian Penal Code, 1860, S.498A, 304B -- Dowry Death -- Relatives as Interested Witnesses -- Witnesses cannot be treated as interested witnesses merely because they are related to the deceased, since offences of matrimonial cruelty and dowry harassment generally occur within the matrimonial home, making family members natural witnesses to the circumstances.
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