Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Order taking cognizance - Quashing of order - Court while exercising jurisdiction u/s 482 Cr.P.C., cannot judge veracity, reliability and truthfulness of alleged dying declaration - At this stage only prima facie case is to be seen - Moreover, applicants have got a right..........
Indian Penal Code, 1860, Section 279, 337 -- Rash and negligent driving - Bus hit by truck from behind - Manner in which accident took place and damage which resulted shows that driver of truck was either not driving truck in a fast speed or he had applied brakes and truck rammed into bus in slow momentum as only window panes of bus were broken and two passengers received..........
Indian Penal Code, 1860, Section 302, 392, Evidence Act, 1872, Section 3 -- Murder of teenager girl - Robbery - Circumstantial evidence - Tracking dog squad - Scientific evidence in the form of sniffer dogs squad hinted indulgence of both the accused, though got little relevance but in view of other evidence on record, it adds positivity to prosecution case...........
Indian Penal Code, 1860, Section 302, 392 -- Murder of teenager girl - Robbery - Circumstantial evidence - Accused allegedly killed deceased by obnoxious lethal blows of stone and even disfigured her countenance by stone strokes on her nasal bone and robbed her ornaments - Ornaments looted from deceased recovered after arrest from the possession of accused - Same group of..........
Indian Penal Code, 1860, Section 308 -- Offence u/s 308 IPC - For an offence to fall under ambit of S.308 IPC, it is necessary to establish that there was a requisite intention or knowledge on part of accused to cause culpable homicide...........
Indian Penal Code, 1860, Section 452, 148 -- Offence u/ss 452, 148 IPC - Accused after entering house of complainant inflicted injuries on her person and her daughter-in-law - Offence therefore, u/ss 452, 148 IPC proved to be committed by accused...........
Indian Penal Code, 1860, Section 308, 323, 325 -- Nature of offence - Five accused attacked two ladies - Although all accused are attributed injuries on person of injured but grievous injuries are on legs of injured - Both injured have suffered one grievous injury and rest of injuries are simple in nature - Looking into injuries caused to both the injured, it cannot be..........
Indian Penal Code, 1860, Section 323, 325, 148, 149, 452 -- Offence u/ss 323, 325, 149, 452 IPC - Reduction of sentence - Sentence qua imprisonment for offence punishable u/ss 452, 325, 149 IPC is reduced from R.I. for 5 years to R.I for 4 years - Sentence qua offence u/ss 323, 148, 149 IPC held, maintained as awarded by trial Court - All the sentences shall run..........
Indian Penal Code, 1860, Section 323, 325 -- Offence u/ss 323, 325 IPC - Non-association of independent witnesses - Not fatal to prosecution case when PWs categorically stated that none came at the site of occurrence at the time of incident and saw the incident...........
Indian Penal Code, 1860, Section 323, 325 -- Offence u/ss 323, 325 IPC - Accused gave beatings to PW2, PW3 and their mentally challenged son, as a result of which simple as well as grievous injuries were caused to them - Said injuries were duly proved by medical evidence - All the PWs are very candid, specific and straightforward and their versions appear to be trustworthy..........
