Guardians and Wards Act, 1890, Section 25 -- Custody of minor girl - Claimed by father - Mother of child died and minor girl is living with her maternal grandparents before death of mother - Minor child expressed unwillingness to reside with her father and she is comfortable with her grandparents where she excelled in her studies and progressed well - Grandparents of child..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death of deceased within 7 years of marriage - Deceased died under unnatural circumstances by burn injuries - However, prosecution has not been able to prove that deceased was subjected to cruelty soon before her death as there was no ante mortem injuries found on body of deceased - There is no mention of any mental..........
Indian Penal Code, 1860, Section 302 -- Murder - Merely on the basis of recovery at the site of incident of a wheel spanner, which according to prosecution has fingerprints of appellant on it and three pairs of slippers would not be enough for holding appellant guilty of having caused the death of deceased - Appellant acquitted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 85, 80(2), 3(5), Dowry Prohibition Act, 1961, Section 3, 4 -- Second anticipatory bail application - Cruelty - Dowry death - Appellant has a child of 2-1/2 months and she has co-operated with I.O. during course of investigation - Charge against appellant has been filed and her..........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Mere death of deceased being unnatural in matrimonial home, though within seven years of marriage, will not be sufficient to convict accused, who is mother-in-law of deceased u/ss 304-B, 498-A IPC...........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Allegation against mother-in-law - None of witnesses stated about cruelty or harassment to deceased by appellant or any of her family members on account of demand of dowry soon before death or otherwise - Rather harassment has not been narrated by anyone - It is only certain oral averments regarding..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Neither any PW alleges cruelty or harassment meted out by appellant in connection to dowry nor prosecution has proved the same - Statements given by PW1, PW2 & PW3 are bald statements which do not indicate any form of cruelty meted out to deceased by appellant - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 302, 323, 324, 34 -- Murder - Ocular testimony of witnesses - Accused came with deadly weapons to house of victims and altercation and fight caused between parties - Overt acts of accused inflicting injuries on various parts of body of deceased and victims, totally corroborated by medical evidence - Fatal injury caused on deceased was by a..........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- Substitution of Legal heir - Death of plaintiff - Application for substitution filed after delay of 3 years from the date of death of plaintiff - However, since legal heir was impleaded only for the purposes of continuation of suit, application not barred by limitation and suit would not abate - Application rightly..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Recovery of 12 bore country made pistol from appellant `A' - No bullet was recovered from body of deceased though there is no evidence of any exit wound - Further, doctor candidly admitted to the effect that what was initially stated by him to be a gunshot wound was actually caused by a stabbing weapon - In consequence,..........
