Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 452, 323, 504, 506 -- Summoning of additional accused - Offence u/ss 452, 323, 504, 506 IPC - No allegations on record against proposed accused except that they also have said to entered the house of complainant but not armed with any weapon - Even complainant has not made any whisper that any..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 326A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Offence u/ss 498-A, 326-A, 323, 504, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Applicant is a minor sister-in-law of first informant - Witnesses of fact turned hostile - Rest of accused including..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 427, 323, 504, 506, 34 -- Anticipatory bail - Offence u/ss 452, 427, 323, 504, 506, 34 IPC - Petitioners joined and co-operating in investigation and as such custodial interrogation is not required - No recovery is to be effected from petitioners or at their instance - Moreover, petitioners..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Allegations against three brothers-i, law (two jeths and one devar) and one sister-i, law (jethani) of deceased - No specific allegation of any dowry demand being ever made by appellants or deceased being harassed or tortured on account of no, fulfillment of dowry demand - Even parents of deceased..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen together - Accused and deceased last seen together - Statement of PW15, (witness of last seen) recorded by Police after 2 months of alleged occurrence and thus he may have been introduced as a convenient witness - Even otherwise, last seen evidence in itself is not sufficient to infer that..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of articles - Prosecution has not proved any disclosure statement on the part of accused u/s 27 of Evidence Act - I.O who effected recovery not examined - Arrest memo of accused also not proved - No evidence on record as to how I.O learnt the articles are lying at the house of accused -..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of blood-stained crow-bar at the instance of accused - Mere recovery of crow-bar at the instance of accused is not sufficient in the absence of serological report opining origin of blood that too of group of deceased - No reliance therefore, can be placed on such recovery...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 119 -- Murder - Sole testimony of deaf and dumb witness - Credibility - Trial Court before recording statement of PW12, neither made any effort to ascertain prelims like his intelligence, understanding of oath, capacity to communicate by writing nor made any arrangement for an expert and proceeded to record..........
Indian Penal Code, 1860, Section 420, 406, 467, 120B -- Cheating - Forged legal heir certificate - No evidence on record that any document produced in order to cheat any particular person - Amount if withdrawn on basis of legal heir certificate is not proved to be misappropriated by accused - Handwriting expert not stated anything positive with regard to matching of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A, 494 -- Anticipatory bail - Petitioner repeatedly joined the investigation - Challan already presented and nothing to be recovered from the petitioner - Complainant has changed stance before High Court - Without expressing any opinion on merits of case, interim bail granted made..........