Indian Penal Code, 1860, Section 304(Part II), 34 -- Murder - False implication - Once name of deceased were recorded in rukka and subsequently in FIR on the basis of statement made by PW2/eye witness, irrespective of said witness having turned hostile, accused cannot be heard that complainant tried to incriminate them or has planted recoveries to frame them falsely...........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Murder - Recovery of weapons of offence - Non-joining of any public witness at the time of recovering weapons of offence is not enough reason to doubt truthfulness of testimony of police witnesses or discard their evidence - Their testimony inspires confidence - Even otherwise, conviction of accused is not based solely..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Proof of valid marriage is not a sine qua non for proving offence u/s 498-A IPC...........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Validity of marriage - When parties resided and cohabited together as husband and wife, then fact that they were not validly married, does not ipso facto, exonerate husband from the rigors of S.498-A IPC...........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Validity of marriage - Provision of S.498-A IPC refers to the word "woman" and not wife - By said provision, protection was contemplated to a married woman and not only to the legally wedded wife...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Reduction of sentence - Husband suffered agony of protracted trial for more than 13 years - He has been sentenced to undergo R.I of 2 years and to pay fine of Rs.3000 or in default of payment, to undergo R.I of 1 month u/s 498-A IPC - Ends of justice would be adequately meted out in case substantive sentence is reduced to..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused under influence of liquor went to house of his i, laws and quarreled with them - Deceased being a neigbourer intervened while accused was quarreling with his i, laws - Accused inflicted injuries to deceased which resulted in his death - Incident occurred on the spur of moment, without any..........
Indian Penal Code, 1860, Section 363, 376(2)(f) -- Kidnapping and rape of 9 years old minor girl - Accused under the influence of liquor committed rape upon prosecutrix - Prosecutrix had suffered injuries on her face - Doctor who examined victim found that face of victim was swollen and her eyes were congested - Prosecutrix stated that she could not immediately identify..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Prosecutrix had suffered simple injuries as per medical evidence during the occurrence of rape - Offence u/s 307 IPC not made out against accused - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Harassment of a woman by unlawful demand of dowry also partakes the character of `Cruelty'...........
