Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 113B -- Cruelty - Dowry death - In order to establish offence u/s 304-B IPC, presumption u/s 113-B of Evidence Act cannot be raised against accused until independently offence u/s 498-A IPC is proved by leading evidence of specific allegation with regard to time and date of such demand and cruelty and..........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Deceased died due to hanging within one year of her marriage - Prosecution, however, failed miserably to establish beyond reasonable doubt that any cruelty and harassment was meted out to deceased by accused let alone soon before her death - Testimony of PWs to the effect that gold bracelet and..........
Criminal Procedure Code, 1973, Section 482, 190, Indian Penal Code, 1860, Section 420, 467, 468, 120B -- Quashing of order - Order taking cognizance - Cheating - Property dispute - No direct role attributed to petitioner who is merely a lawyer and a family member, which would deprive the complainant of her lawful property rights pertaining to relinquishment deed by husband..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 171(F), 171(G), 420, 468, 471 -- Quashing of FIR - Offence u/ss.171(F), 171(G), 420, 468, 471 - Accused furnished false information regarding his children while contesting election - Does not constitute offence of cheating - Even, if offence was covered by S.171 IPC which is furnishing false..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 192, 193, 194, 199, 211 -- Quashing of proceedings - Offence u/ss 192, 193, 194, 199, 211 IPC - In the instant case, Court convicted son and acquitted wife for murder of deceased - Aggrieved by decision sister of deceased fabricated false evidence against wife of deceased to deceive her - Sister..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Proof of - Once it is found that circumstances proved do not attribute intention to inflict fatal injury, accused cannot be held liable for murder...........
Indian Penal Code, 1860, Section 302, 34, 304 - - Nature of offence - Murder - As per testimony of eye-witnesses it appears that assault does not appear to be premeditated but was preceded by abuse, argument and altercation which have whipped up passion - There is nothing on record to indicate that kind of injury, which turned out to be fatal was actually intended by..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 364, 384, 302, 120B, 34 -- Anticipatory bail - Offence u/ss 364, 384, 302, 120-B, 34 - Specific allegation against petitioner made at the time of lodging FIR statement itself and that so far no effective investigation is conducted against petitioner - Even, details of phone conversations between..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 32 -- Dying declaration - Murder - Cruelty - Death by burning - Deceased stated in her parcha byan that accused poured kerosene oil upon her and set her on fire - Statement of deceased recorded when she was seriously injured that too after 4 days from the date of her admission to hospital - No..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Gunshot injury on non vital part of body - Offence does not fall within category of attempt to murder or a heinous crime...........