Indian Penal Code, 1860, Section 304A -- Rash and negligent act - Death by electrocution - Compromise - Quashing of FIR - Deceased died due to electrocution while performing plumbering work in the house of petitioner - However, wife of deceased compromised the matter and stated that after the incident she visited house in question and came to know that there was no such..........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Loan disbursed on the basis of search report of petitioner being an Advocate and later it was found that same was disbursed to a person who was not having the property which was mortgaged in his own name - However, nothing on record to hold that there was active connivance between petitioner and other..........
Indian Penal Code, 1860, Section 354(A), 354(B), 376, 323, 506, 34, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 354(A), 354(B), 376, 323, 506, 34, 498-A IPC and Ss.3, 4 of 1961 Act - Quashing of FIR - There was delay of at least four months in lodging FIR - Apart from the verbal allegations, there is nothing on record to connect petitioners with the..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Main allegation of causing injury by lathi is against accused who already died during the course of trial - Only allegation against A-2 to A-4 is that they had thrown pieces of bricks on the injured persons - Material contradictions in the evidence of PWs regarding genesis and manner of occurrence -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen theory - PW1 stated that last seen witnesses disclosed the incident to him after 18 days of incident - Whereas last seen witnesses stated that incident and the facts relating thereto were told to PW1 by them on the next day of incident - Contradiction in the version of last seen..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - FIR lodged after delay of nearly 16 days in disclosing facts of incident to I.O raises a doubt upon credibility of eye witnesses - Neither motive is convincing nor alleged instance occurred four months prior to the incident, giving rise to the motive, can be read or relied upon against the..........
Indian Penal Code, 1860, Section 363, 366, 376D, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping and gang rape - Testimony of victim - Victim is 13 years of age - Medical report does not support commission of offence of gang rape upon minor victim - She is not consistent in implicating accused and at different stages separate set of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Merely on the allegations of harassment and without there being any positive action proximate to time of occurrence on the part of accused, which led or compelled a person to commit suicide, an accused cannot be convicted u/s 306 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by burning - Victim set himself ablaze due to the reason that a part of his house in which he was residing had been demolished - Neither from the statement nor from the evidence on record, it reveals that there was any instigation, aid or goading on the part of respondent No.2/accused to abet suicide by..........
Indian Penal Code, 1860, Section 342, 347, 594, 506, 116, 384, 34 -- Offence u/ss 342, 347, 594, 506, 116, 384, 34 IPC - Quashing of FIR - No specific allegations against respondent nos.4 and 5 in the complaint - There is a delay in lodging FIR - Even, no allegation made by husband of complainant in the letter addressed to District Magistrate and District Commissioner -..........
