Indian Penal Code, 1860, Section 498A -- Cruelty - Dowry demand - There are embellishments in respect of torture so inflicted upon victim/wife - However, there is consistency regarding demand of dowry and harassment and torture being inflicted upon wife - Though there are no materials for convicting mother-in-law, but there is evidence against husband - Mother-in-law..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- FIR - Murder case - Inquest report and recovery memo of dead body and seizure memo of clothes, did not bear FIR number - Sub-Inspector admitted that at the time of preparing these documents, FIR was not lodged - There was thus, overwriting in police proceedings of FIR number - It shows that..........
Indian Penal Code, 1860, Section 395, 397 -- Offence u/ss 395, 397 IPC - Accused were duly identified in an identification parade conducted during investigation of case by complainant as well as his wife who were present in house at the time of incident - Statements of complainant and his wife with regard to identification of accused could not be shaken during..........
Indian Penal Code, 1860, Section 302, 324 -- Nature of offence - A-1 alleged to have used hammer and he gave a blow at the back of head or on neck of deceased - Both the injuries do not correspond with injury of back of head or neck - These injuries can be related to attack made by A-2, A-3 and A-4 who have alleged to have used iron rods - A-3 and A-4 have been acquitted..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Part payment made - Same does not wash away the offence, for which cause of action had already arisen - Such part payment may be taken into consideration at the time of imposing sentence...........
Indian Penal Code, 1860, Section 279, 337, 338, 304A -- Offence u/ss 279, 337, 338, 304-A IPC - Reduction of sentence - Compromise arrived at between parties - Keeping in mind antecedents as well as fact that petitioner had already undergone 20 days sentence, ends of justice would be met if sentence is reduced to period already undergone by him in confinement...........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Incident occurred when accused released from jail on completion of his sentence - Accused already served sentence of life imprisonment in another murder case - Although criminal record of accused is not good, but present case does not fall within ambit of rarest of rare case - Death sentence of accused..........
Indian Penal Code, 1860, Section 376, 448, 511, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - From the evidence available on record, it is evident that none is an eye witness to occurrence - Even as per allegation it is evident that allegation is not at all found duly substantiated and even if evidence is accepted, victim was only lying down and then..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Incident occurred after verbal exchange between accused and deceased - Provocation for committing offence in heat of moment cannot be ruled out - Only one gun shot was fired on deceased - Deceased ran 35 to 40 feet before collapsing - Accused had ample opportunity of finishing him off by firing more than one..........
Guardians and Wards Act, 1890, Section 25 -- Custody of minor child - Mother of child was murdered and father of child is serving a sentence for the said murder - Paternal grand uncle and aunt of child cannot be kept on same pedestal as maternal grandmother - Minor child cannot left in care and custody of her father's uncle and aunt when her maternal grandmother is very..........
