Indian Penal Code, 1860, Section 307, 324, 149 -- Attempt to murder - Trial Court, after meticulous evaluation of medical evidence including testimony of doctors and nature of injuries, has specifically concluded that though weapons were dangerous and injuries were serious, there was no direct attempt or intent to commit murder - Conviction u/ss 324, 149 IPC upheld...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against father-in-law, mother-in-law and sister-in-law - Allegations against appellants are of a general nature as well as vague without any particulars - There are other omnibus statements made in complaint without any particulars whatsoever - Vague and general allegations cannot lead to forming of a prima..........
Indian Penal Code, 1860, Section 377, 506, 34 -- Unnatural offence - Allegations have been made only against husband and not against appellants - No allegation whatsoever in that context against appellants that would require them to face trial on that count - Proceedings qua appellants quashed...........
Indian Penal Code, 1860, Section 376, 323, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - FIR was lodged by victim's mother on the basis of information given by victim - Two witnesses have witnessed the alleged incident as per FIR but during course of trial they did not support prosecution version and turned hostile - Even victim herself did..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Deceased was having blood Group `B' and blood stains found on Kurta, Pajama of appellant was also human blood `B' - Presence of appellant as inmate of Open Air Camp is established from record and on the fateful day deceased was on duty is also fortified from material available on record - No..........
Indian Penal Code, 1860, Section 304, 323, 452, 34 -- Offence u/ss 304, 323, 452, 34 IPC - Non explanation of injuries sustained by accused person by prosecution makes prosecution story doubtful...........
Indian Penal Code, 1860, Section 304, 323, 452, 34 -- Offence u/ss 304, 323, 452, 34 IPC - Non explanation of injuries sustained by accused person by prosecution - Prosecution has completely failed to explain injury sustained by accused which has been sufficiently proved by defence - Prosecution story is thus, not reliable - Benefit of doubt thus, given to accused -..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Cannot be established without specific instances...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Merely stating that appellant has mentally harassed complainant with respect to a demand for dowry does not fulfill the ingredients of S.498-A of IPC especially in absence of any cogent material or evidence on record to substantiate said allegations...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Mere general allegations of harassment without pointing out specific details would not be sufficient to continue criminal proceedings against any person...........
