Indian Penal Code, 1860, Section 498A -- Cruelty - Conviction - Validity - Written dying declarations show that at the time of incident initially a slap was given by appellant `R' to the person of deceased and thereafter appellant `K' came from back side and after pouring kerosene set her ablaze - Parents of deceased categorically stated in their depositions that in life..........
Indian Penal Code, 1860, Section 302, 376 -- Rape & murder - Conviction - Validity - Extra judicial confession made by accused to his neighbour to the effect that he had raped deceased - Thereafter, accused threatened her to call brother of deceased as if that deceased was calling him and convey that she would commit suicide if money was not given - Evidence of neighbour..........
Indian Penal Code, 1860, Section 498A, 494 -- Bigamy - Dowry demand & cruelty - Proof - Held, prosecution has to prove that alleged second marriage had been duly performed in accordance with essential religious rites applicable to the form of marriage gone through by parties and that said marriage must be a valid one according to law applicable to parties - In present..........
Indian Penal Code, 1860, Section 376, 306, Evidence Act, 1872, Section 32 -- Rape & abetment of suicide - Acquittal - Validity - Text of dying declaration does not suggest that rape had been committed forcibly or without consent of victim - Accused was nearly at least 5 years younger and he was not in a position to apply any force - Suicide was committed not because of..........
Indian Penal Code, 1860, Section 376 -- Gang rape - Conviction - Validity - Prosecutrix, married woman, overpowered by several men before she was raped - She was obviously not in a position to resist and to fight several men, who had threatened her with death in case she cried out - Evidence on record clearly discloses presence of semen spots and human sperm on clothes of..........
Indian Penal Code, 1860, Section 302, 392, 34 - - Murder & robbery - Evidence on record shows that deceased died of ante-mortem injuries and it was homicidal death - Injuries were all grievous in nature and deceased met with gruesome death - Presence of PW3 alongwith PW4 at the time when occurrence took place and identity of appellant by PW3 and describing his involvement..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Proof - Accused alleged to have inflicted injuries on victim on face near ear, neck and nose - Area below ear also forms part of scalp region and is a vital part of human body - Appellant has given number of blows - Doctor has opined that injury could have been fatal if not treated immediately - Held, injury was..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397(1) -- Dishonour of cheque - Appeal against conviction dismissed - Revision petition still pending and is likely to take time - Petitioner seeking suspension of sentence during revision - Maintainability - Petition allowed - Sentence suspended subject to payment of cheque amount...........
Indian Penal Code, 1860, Section 354, 377 -- Evidence of victim - Alleged occurrence had taken place on 08.05.1998 and victim was examined by PW11 on 18.05.1998 i.e. after ten days of alleged occurrence - PW11 did not find any injury on person of victim - Held, even if no sign of rape or any injury was found on person of victim then also deposition of victim (PW10) and..........
Criminal Procedure Code, 1973, Section 378(4) -- Acquittal - Leave to appeal - Testimonies of complainant and other witnesses were contradictory to each other - Statements of alleged eye witnesses were not corroborated by Investigating Officer - Held, sufficient reasons to doubt case of prosecution - Applicant failed to show any error in law on the basis of which..........
