Indian Penal Code, 1860, Section 306, 114, Criminal Procedure Code, 1973, Section 482 -- Abetment to suicide - Quashing - Deceased working as Manager at petrol-pump of accused - While working as Manager there was some malpractices and misappropriation done by deceased - Asking deceased about details of accounts does not amount to abetment to commit suicide - FIR and..........
Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - I.O was not examined - Non-examination of I.O. in attending circumstances rendered prosecution case to be doubtful if not false - Offence u/s 201 IPC could not have been proved without his examination...........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Body of deceased was found from well of village - No case of ill treatment of deceased was ever registered against accused - Father of deceased/PW2 and PW10 stated that we suspected the role of accused to have murder the deceased - Doubt and suspicion cannot form basis of guilt of accused -..........
Indian Penal Code, 1860, Section 302 -- Murder - Theory of conspiracy was disbelieved by High Court - There was thus, no basis or reason to have upheld conviction of A-2, particularly when on basis of very same set of evidence led by prosecution, principle conspirators involved in the crime were acquitted - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 147, 143, 148, 504 -- Murder - Testimony of sole eye witness - Land dispute between parties - Presence of accused on the spot is not disputed - PW1 stated that all accused were hiding in bushes at the spot - He though not clear as to which one of accused had assaulted deceased after he fell down, but he is categorical with regard to..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1)(A), 27(2) -- Murder - Gunshot injury - Testimony of sole eye witness/PW3 is not free from embellishments, nor is corroborated by any other evidence - Auto rickshaw driver who took deceased to hospital has not been examined in Court - Prosecution is not able to link weapon with accused - There was no..........
Indian Penal Code, 1860, Section 498A, 306, 34 -- Cruelty - Abetment of suicide - Inordinate delay in lodging FIR not explained - Evidence relating to so called torture of deceased is not worthy of acceptance - If such evidence is taken away, then there remains nothing to even remotely suggest that accused persons had instigated deceased to such extent as would lead her to..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Sentence - Deceased died due to homicidal death not suicide - Death occurred within seven years of marriage - Accused was incarcerated for 15 years and that period would be enough punishment - He is now 80 years old and other accused is 70 years and looking to the age of accused period undergone by them would be..........
Indian Penal Code, 1860, Section 376(1), 376(2)(n), 90 -- Rape - Consent - False promise of marriage - Victim fell in love with accused - Material on record shows that accused had never intended to marry victim and procured her consent only for having sexual relations with her, which falls under definition of rape - Pleadings of victim point to the fact that her consent to..........
Indian Penal Code, 1860, Section 376(2)(f) -- Rape of 6 years old girl - Accused contended that victim stated his name on the say of police - It cannot be appreciated that police would have told name of accused to victim, as accused has not explained as to what grudge police have against him in his statement recorded u/s 313 Cr.P.C or even in cross-examination of I.O -..........
