Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 148, 149 -- Framing of charge - Essential ingredient of presence of more than five persons, present at the site, is fulfilled as stated in FIR and parcha bayan - Framing of charges, justified...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Death by burning - Financial crisis was root cause of quarrel between accused and deceased - Incident occurred in a sudden fight at the spur of moment at the heat of passion, as admitted by deceased in Parcha bayan and dying declaration, when deceased demanded money from accused for payment of rent -..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - Parcha Bayan and statements of other witnesses of prosecution shows that incident had taken place all of a sudden - No evidence on record to show that there was formation of unlawful assembly - Even the incident of Marpeet as given by prosecution is improbable that accused persons would break the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A -- Bail - Offence u/ss 304-B, 498-A IPC - Father and uncle of deceased stated that on account of demand of dowry deceased was burnt by her husband and mother-in-law - However, this fact not stated by deceased in her `Parcha Bayan' - Mother of deceased stated in her statement that she is..........
Indian Penal Code, 1860, Section 302, 309 -- Conviction u/s 302 & 309 IPC - FSL report that Aluminum phosphide found in viscera - No evidence that sulphoss tables were in possession of accused and that it is accused who mixed the same in flour while cooking - Investigation not fair - Parcha bayan of accused not amounting to confession since same not recorded by Magistrate..........
Indian Penal Code, 1860, Section 307, 323, 341, 148, 149 -- Conviction - FIR recorded on basis of parchabyan - Original reported lodged by one 'Mohan' withheld and 'parcha bayan' prepared subsequently - True version not coming before Court - Both injured history sheeter - Place of recording parcha bayan also doubtful - Circumstances revealing that either injured person did..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32(1) -- Murder - Dying declaration - Deceased went outside to ease herself but burnt alive by pouring kerosene oil on her - Accused not named in parcha bayan - No complaint about ill treatment - Parcha bayan converted into dying declaration, not corroborated by any other evidence - PW3 declared hostile..........
Criminal Procedure Code, 1973, Section 438 -- Pre-arrest bail - Name of petitioner not mentioned in FIR - Evident from Parcha Bayan, statement recorded under sections 161 and statement recorded u/s 164 and affidavit that petitioner was not present at the time of incident - Pre-arrest bail granted on certain conditions...........
Evidence Act, 1872, Section 32 -- Dying declaration - Parcha bayan can in a given case be taken as dying declaration...........
Indian Penal Code, 1860, Section 302 -- Death by burning by mother-in-law - Total burns 65% - Smell of kerosene present by dry heat - Burns self sufficient to cause death in ordinary course - Parcha bayan recorded by DSP in presence of lady doctor on out door duty - Dying declaration later recorded by Magistrate after certificate of fitness of deceased given - Certificate..........
