Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Cruelty - FIR is silent with regard to demand of any dowry far less a bicycle - However, FIR speaks of assault upon deceased by accused followed by unnatural death of deceased - FIR need not be encyclopedia of facts and is only an instrument in writing which sets criminal law into motion - Every minute detail of..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 498A, 34 -- Evidence of interested witnesses - Cruelty - Deceased disclosed before PWs/relatives of deceased that she was tortured and assaulted by accused on demand of bicycle - All these witnesses though related to deceased but evidence of such witnesses cannot be discounted merely on the ground that they..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 106 -- Murder - Deceased was strangulated to death and then hanged by a saree to ceiling of a room in her matrimonial home - Marks of strangulation were also found on both sides of her neck - Accused/husband of deceased was in the same room with deceased at the time of incident - It was upon accused to..........
Indian Penal Code, 1860, Section 323, 504 -- Offence u/ss 323, 504 IPC - Complaint filed after delay of 15 days from the incident and there is no explanation for such delay - Except injury no.1, other injuries are only relating to pain in his body - Complainant initiated proceedings u/s 107, 151 Cr.P.C against accused and later on after 15 days present complaint was filed..........
Indian Penal Code, 1860, Section 406, 498A -- Offence u/ss 406, 498-A IPC - Compromise - Allowed so far as it relates to offence u/s 406 IPC but decline so far as it relates to offence u/s 498-A IPC - Where possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice, Court may quash proceedings -..........
Indian Penal Code, 1860, Section 307, 323, 148, 506, 149 -- Attempt to murder - Framing of charges - Accused allegedly formed unlawful assembly and caused injuries to complainant, his father, mother and his wife - Injury on person of father of complainant declared dangerous to life - Prima facie case is made out against accused - Question as to whether Doctor who had not..........
Indian Penal Code, 1860, Section 467, 468 -- Offence u/ss 467, 468 IPC - Reduction of sentence - Occurrence was of the year 1992 - Accused has been in custody for a period of more than 18 months - He was sentenced to undergo 4 years u/s 467 IPC and 3 years along with fine of Rs.500/- u/s 468 IPC - Considering occurrence and circumstances of case, sentence of imprisonment..........
Indian Penal Code, 1860, Section 354A, 354D -- Outraging modesty of woman - Reduction of sentence - Accused has undergone a total sentence of 5 months and 12 days out of total sentence of one year as awarded by Courts below - He is a first time offender and is not involved in any other criminal case - Sentence of accused is thus, reduced to period already undergone by him..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Unnatural offence - Penetrative sexual offence - Victim aged about 9 years old boy sexually abused by accused taking advantage of their close proximity to one another in a deserted place - Evidence of victim not only corroborated by his parents and relations PW3, PW4..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Unnatural offence - Penetrative sexual offence - Modification of sentence - Accused does not have criminal antecedent and he has been awarded maximum sentence of life imprisonment - Sentence of accused thus, modified to 7 years R.I with fine of Rs.25,000 and in default..........
