Criminal Procedure Code, 1973, Section 319 -- Proceedings against other persons - Offences punishable u/ss 147, 148, 341, 323, 325, 307 of IPC - Police investigation shows that petitioner was not present at place of occurrence as he was posted in Army, far away from place of incident - Furthermore, no overt act is assigned to petitioner and none of the witness have stated..........
Indian Penal Code, 1860, Section 304B -- Dowry death - It is necessary to show that there was demand of dowry and said demand was immediately before the death...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - No evidence qua demand of dowry and cruelty against deceased - Rather all witnesses stated specifically that there was no demand - Appellant `M' is brother-in-law of deceased and has no motive or reason to demand dowry on behalf of his brother, appellant `D' and his family - Dying declaration found false by..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Proceedings quashed u/ss 420, 467, 468, 471, 474, 385, 209, 34 IPC by High Court against accused - As per allegation forgery was committed by entering date in cheque and in writing amount of cheque - Averments in complaint does not indicate prima facie commission of said offence by accused -..........
Indian Penal Code, 1860, Section 420 -- Cheating - Merely because accused being tenants have taken electric connection on an application signed by themselves, no offence u/s 420 IPC is made out against them - More so, complaint in question filed after inordinate delay of 7 years - No offence u/s 420 IPC held, made out against accused - Accused rightly discharged...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 228 -- Abetment to suicide - Framing of charges - Suicide note reveals that deceased herself was responsible for her act - She wrote suicide note in presence of her brothers 17 days prior to her death - Deceased was under severe depression - No direct evidence to connect petitioner with crime -..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Offence u/ss 302, 341, 323, 452, 336, 143, 149 IPC - As on completion of 90 days of prescribed period u/s 167 Cr.P.C there were no papers of investigation or charge sheet u/s 173 Cr.P.C before concerned Magistrate - Accused was thus denied of protection established by law - Issue of their custody had to be..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Circumstantial evidence - Apart from recoveries, prosecution has successfully established chain of circumstances - There is sufficient evidence on record which points to the guilt of accused - Call detail records of accused, recovery of mobile phone instrument of deceased from accused, medical evidence available on..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Conviction u/s 302 IPC - Nature of injuries sustained by deceased grievous, sufficient to cause death in the ordinary course of nature - Accused did not set up a defence that there was a sudden quarrel in which they too received injuries from the deceased - Accused had clearly taken undue advantage of the..........
Indian Penal Code, 1860, Section 300 -- Culpable homicide - To bring a case within exception 4th to S.300, it has to be established that (a) the act was committed without premeditation; (b) in a sudden fight in the heat of passion upon a sudden quarrel; (c) without the offender having taken undue advantage; and (d) not having acted in a manner or unusual manner...........
