Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 299 -- Murder of wife by husband - Recording of evidence of complainant in the absence of accused - Appellant vanished from the crime scene and remained absconding for a period of nearly 10 years - Statement of complainant was recorded in proceedings u/s 299 Cr.P.C - Circumstances of motive, last..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Recovery of confessional note from the crime scene - Specimen writings of appellant were lawfully collected by I.O after he was arrested and all these documents were placed on record with the charge sheet - These specimen writings and admitted writings of appellant along with confession note recovered from..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Investigation - Investigating Officer gave unimpeachable evidence proving the various steps taken by him for collection of evidence during investigation so as to link the appellant with murder of deceased - Fact that appellant was present with deceased on the night preceding the murder is firmly..........
Indian Penal Code, 1860, Section 302, 326 -- Murder - Appellant stabbed deceased as per PWs - Presence of appellant at the place of occurrence was established by witnesses - Medical evidence supports the ocular evidence - Independent witnesses have also supported the prosecution case - Motive has also been proved as all the witnesses have stated that appellant was refusing..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charges - Offence u/ss 498-A, 326, 307, 506, 34 IPC - There is no material on record against any of accused u/s 498-A IPC, but there are materials to frame charge against all the petitioners u/ss 325, 307, 34 IPC and also there is material to frame charge u/s 506 IPC - Charge u/s 498-A IPC deleted and a fresh charge..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Contracting a second marriage by a Muslim may be lawful, but it causes enormous cruelty to first wife...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 406, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Cruelty - Husband contracted second marriage without divorcing his first wife whom he legally wedded - Contracting a second marriage by a Muslim may be lawful, but it causes enormous cruelty to first wife -..........
Indian Penal Code, 1860, Section 364A, 307, 34, Arms Act, 1959, Section 27(1) -- Offence u/ss 364-A, 307, 34 IPC - Nothing on record to indicate that there was any demand of ransom from his family - PW4 was allegedly hit by bullet, however nothing on record to indicate and prove that PW4 was taken to any hospital - Moreover, non-examination of I.O and doctor and absolute..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - All the accused in connivance with each other have cheated the bank by submitting cheques of accounts in which there was no balance or without any submission thereof and entries by bank officers in the books of account showing them to be pending for clearing and giving credit to account holder/accused - Accused..........
Indian Penal Code, 1860, Section 34, 149 -- Common intention and common object - Distinction - S.34 IPC requires active participation and prior meeting of minds, whereas S.149 IPC assigns liability merely by membership of an unlawful assembly and has a wider scope than S.34 IPC...........
