Indian Penal Code, 1860, Section 498A, 406, Evidence Act, 1872, Section 3 -- Cruelty - Appreciation of evidence - Appeal against acquittal - There is no specific instances of cruelty suffered by deceased at the hands of her-in-laws which were continuous thus, there is no live link between demand so made by accused persons and death of deceased - Trial Court rightly..........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Firewood piece cannot be treated as a dangerous weapon which is likely to cause death as envisaged in S.326 IPC, in absence of factors like size, thickness and sharpness of weapon allegedly used in assault...........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - One of vital ingredient of offence u/s 326 IPC is that fracture should have been inflicted by a weapon of offence which is likely to cause death...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 498A, 34 -- Anticipatory bail - Abetment of suicide - Cruelty - Allegation of harassment on account of demand of dowry and beatings given by accused to deceased though levelled in FIR, however, it remains unexplained as to why in case deceased was harassed in this manner since 2010, her..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Only objective evidence which has come is that phone from which calls were made to deceased before his death was recovered on disclosure of co-accused - However, there is no evidence of rest of the links of case of circumstantial evidence - Unsafe to base..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of suit - Death of defendant No.2 - Question of abatement of suit as against defendant No.2 does not arise, as defendant No.1 being mother of defendant No.2 is already there on record...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Post mortem report - Cause of death was accidental and not suicidal as per post mortem report - Said fact is further corroborated from plastic flap, which I.O had collected as evidence from the spot, where dead body was lying - Said plastic flap was of some vehicle, and it had scratches on it and its locks had..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 5(11)(c)(ii) -- Rent and eviction - S.5(11)(c)(ii) of the Act provide that persons carrying on business with statutory tenant at time of death would be entitled to continue as a tenant - In absence of such member any heir of deceased tenant as may be decided by Court in default of agreement would get..........
Indian Penal Code, 1860, Section 302 -- Murder - Parole - Punishment of life imprisonment till death - Since claim of parole is concession and not a privilege and concessions have to be worked reasonably - Therefore, parole of 6 weeks is granted with conditions as required in Jail manual including security...........
Will -- Nature of Will - Will cannot be construed as `transfer' as contemplated u/s 5(6) of U.P. Imposition of Ceiling on Land holdings Act, as Will in its fundamental terms merely embodies a disposition of property which is to take effect after death of deceased...........
