Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 228 -- Abetment to suicide - Framing of charges - Suicide note reveals that deceased herself was responsible for her act - She wrote suicide note in presence of her brothers 17 days prior to her death - Deceased was under severe depression - No direct evidence to connect petitioner with crime -..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - A person may be summoned u/s 319 Cr.P.C even on a statement recorded during examinatio, i, chief even before cross-examination, as there is no principle as to point in time when such power may be exercised - However, it would all depend on facts of each case and quality and nature of evidence..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Summoning of additional accused - Offence u/ss 307, 147, 148, 149 IPC - All accused were stated to be present at the time of occurrence and carrying fire arms - In view of consistent testimony of both PWs as to presence of all applicants at the time and place of occurrence,..........
Criminal Procedure Code, 1973, Section 439 -- Bail - While considering application for grant of bail, Court not to go into evidence on record in such a depth which amounts to ascertaining probability of conviction of accused...........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 15, 16 -- Maintenance - Right to cross examination - Provisions of Ss.15 & 16 of Family Courts Act do not render evidence taken on affidavits to be illegal but a witness has to be subjected to cross examination and that right has to be given and cannot be closed...........
Criminal Procedure Code, 1973, Section 313, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Statement of accused - Recovery of five bags of poppy husk - If specific question is not put to an accused, while recording his statement u/s 313 Cr.P.C informing him evidence which has come on record against him, amounts to denying him right to rebut the same -..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Quashing of proceedings - Allegation against bother-in-law (Devar) and sisters-in-law (Nanad) - Wife alleged that her brother-in-law denuded her and torn her clothes and committed rape upon her at the point of pistol with..........
Criminal Procedure Code, 1973, Section 311 -- Recall - of prosecution witnesses - Dismissal of application - Application moved by petitioners after an inordinate delay without mentioning any ground or relevancy of evidence - Allowing application for recalling of prosecution witnesses at such belated stage when evidence of all prosecution witnesses and statement of some..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Dishonour of cheque - Acquittal - Appeal against - Dismissal of complaint for failure to prove that complaint is filed by duly authorised person of partnership firm - Placing on record partnership deed - Held, complainant ought be granted..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 304 -- Framing of charge - Charge u/s 304(Part I)PC - FIR was registered at the instance of an eye witness and allegations are supported by medical evidence - Prima facie, a case to frame charge u/s 302 IPC is made out - Reasons given by trial Court for not framing charge u/s 302 IPC, not tenable..........
