Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witnesses - Investigating Officer in his evidence stated that all four eye witnesses had not come to him voluntarily to depose regarding what they had seen about the occurrence, but he called them and examined them in connection with the case - However, both PW1 and PW2 stated in their evidence that they..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against A-5 to A-7 - Allegations made against accused persons are not only omnibus but also without any specific allegation of overt act imputed against them - Complainant states that when she was being threatened by her mother-in-law, A-5..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against A-3, A-4 and A-8 - Prima facie case made-out against mother-in-law, father-in-law and husband of complainant - Correctness or otherwise of the same is a matter which requires to be investigated - High Court erred in entering into..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Jurisdiction of Court - Complainant having been driven out of her matrimonial home had been residing at her father's residence/paternal home i.e. Jamshedpur - Marriage also taken place at Jamshedpur - Court at Jamshedpur thus, has jurisdiction...........
Indian Penal Code, 1860, Section 376, 34 -- Rape - Identification of appellants not challenged by defence - PW1 and PW2 though they are not eye witnesses but they corroborated the case as they have seen the accused persons running away from the house of victim - Doctor has not found any external or internal injury on the private part of victim and also not found any..........
Indian Penal Code, 1860, Section 376, 34 -- Rape - Victim is a married woman blessed with a child - Appellants are facing ordeal of trial from the year 2002 - Appellant no.1 remained in judicial custody approximately five years and appellant no.2 remained in custody for six years and two months - Sentence of 10 years reduced to R.I for period already undergone by..........
Indian Penal Code, 1860, Section 498A, 323, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 323, 406 IPC - Compromise - Quashing of proceedings : (a) Where wife has reaped the benefits of compromise and nothing more is required to be done by husband then such FIR deserves to be quashed; (b) If wife raises plea of fraud/coercion/duress etc. then same..........
Indian Penal Code, 1860, Section 304(Part II), 328 -- Offence u/ss 304(Part II), 328 IPC - Injured and deceased had taken Tari given by accused which was poisoned leading to hospitalization of five injured and death of deceased - Doctor's report and post mortem report proved that cause of death of accused beyond all reasonable doubt - Even if accused had apparently no..........
Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Prohibition of Child Marriage Act, 2006, Section 3 -- Kidnapping and rape - Victim was a minor when she eloped with petitioner and may be when they solemnized their marriage - However, victim stated that she is happily living with petitioner and the two children,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 477A, 120B, 34 -- Quashing of order taking cognizance - Cheating - Allegation that accused manipulated the judicial processes and revenue records to illegally acquire government lands - Act of forgery was a deliberate attempt to circumvent the legal procedure - Nature and..........
