Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 392, 323, 452, 506, 294(b), 34 -- Anticipatory bail - Offence u/ss 392, 323, 452, 506, 294(b), 34 IPC - Material placed on record would sufficiently indicate that accused had intention to intimidate or at least slap him and thus, cause hurt to him and also applying stinging nettle plant over his..........
Indian Penal Code, 1860, Section 304B, 302, 34 -- Dowry death - Allegation against father-in-law and mother-in-law - Allegation of demand of Rs.50,000/- and a motor cycle are vague in so far as present accused are concerned - PW2 and PW3 have not spoken a word about presence of accused around the time when deceased had died - Independent witnesses not supported prosecution..........
Indian Penal Code, 1860, Section 34 -- Common intention - S.34 IPC does not lay down any general principle that identity of other persons must be established - It is sufficient if accused conjointly with some other persons identified or unidentified, committed crime in furtherance of common intention of all...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Accused come to house of deceased in dead of night, called him outside and dragged him to backside of house where four unknown culprits hacked him - Accused also joined with them and fled away from spot - Common intention of accused is clearly proved as he acted in concert with four other persons -..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Recovery of weapon of assault at the instance of accused - Weapons were reportedly sent for chemical examination, though blood was present on the exhibits but purported chemical analyst report is not found available with case records - Relevant forensic evidence for seized shirt worn by co-accused was withheld by..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Test identification parade - Pahchan patra of TIP mentions three lungis were presented, but related witness was shown only one lungi for identification - Inconsistencies are also found in statement of PW3 as regards spot inspection report prepared by police and recovery of lungi - Similar lungi is worn by many..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Testimony of eye witness - PW4 knew the victim, allegedly saw fatal assault on victim and yet kept quiet about the incident - If PW4 had occasion to actually witness assault, his reaction and conduct does not match to ordinary reaction of a person who knew deceased and his family - Testimony of eye witness discarded..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 504, 34, Information Technology Act, 2000, Section 66(E), 67 -- Anticipatory bail - Cruelty - Posting and uploading nude photographs of wife by husband in public domain, attracts offence u/s 498-A IPC, as it is striping off a woman in public by husband himself - Anticipatory bail denied to..........
Indian Penal Code, 1860, Section 498A, 324, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegation against relatives of husband - Sisters-in-law and brother-in-law of wife have been arraigned as accused without there being specific allegations as regards nature of cruelty, as contemplated by S.498-A IPC against them - Prima facie..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Testimony of sole eye witness - Where conduct of eye witness is inconsistent with ordinary course of human nature, it would not be safe to convict accused upon uncorroborated testimony of sole eye witness - Accused acquitted...........
