Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Testimony of son of deceased - Nothing in the testimony of PW3/son of deceased which could even remotely suggest that any or all of three accused persons were present in the house or that they had quarrelled with his mother/deceased when he left for school along with his brother - Even, none of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Last seem theory - There is no credible evidence on record of the case to establish the exclusive presence of appellants with deceased in the house in question at any time before the incident, justifying the shifting of burden of proof on to appellants by invocation..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Informant alleged that he had gone to the police station on 11.3.1997 to inform about the disappearance of his sister/deceased - However, I.O stated that informant had come to the police station only on the morning of 12.3.1997 for the first time and made a complaint upon which an entry was made in..........
Indian Penal Code, 1860, Section 302 -- Murder - Reduction of Sentence - Conviction u/s 302 IPC once confirmed by all Court then minimum sentence is imprisonment for life - There is thus, no ground or reason for granting a lesser sentence - When minimum sentence itself is life imprisonment, then grounds like parity, leniency, old age, health concerns, etc. are not of any..........
Indian Penal Code, 1860, Section 498A -- Cruelty - A Girlfriend or even a woman with whom a man has had romantic or sexual relations outside of marriage could not be construed to be a relative in terms of S.498-A IPC...........
Indian Penal Code, 1860, Section 498A, 504, 109, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - There is no averment or material to show that appellant was in any way concerned with causing harassment to victim on account of non-fulfillment of demand of dowry - Proceedings qua appellant quashed...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Settlement - Quashing of proceedings - Settlement of cases involving offence u/s 307 IPC can be considered after filing Final Report and not before filing Final Report, if prosecution materials do not suggest commission of said offence and also in consideration of the nature of injuries sustained...........
Indian Penal Code, 1860, Section 307, 341, 323, 324, 506(ii) -- Attempt to murder - Settlement - Quashing of proceedings - Medical records of injured no way suggest that she sustained any injuries on vital/delicate parts of her body - Since no injuries sustained to injured on any vital or delicate parts of the body, allegation as to commission of offence u/s 307 IPC is not..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Simply sending an e-mail mentioning the factum of giving three talak to wife amounts to a form of mental torture...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of order taking cognizance - Wife received e-mail containing husband's pronouncement of Talak - However, legality of talak is to be examined by competent authority or the Court - Merely due to this fact husband cannot be exonerated from the alleged offence..........
