Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 11 -- Dowry death - Plea of alibi - Accused were not at home on the date of incident - Prosecution has not produced even an iota of evidence to prove it otherwise - Prosecution failed to prove or even show that deceased was treated with cruelty, connected with dowry demands which led her to commit..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 11 -- Dowry death - Plea of alibi - Accused were not at home on the date of incident - Prosecution has not produced even an iota of evidence to prove it otherwise - Prosecution failed to prove or even show that deceased was treated with cruelty, connected with dowry demands which led her to commit..........
Indian Penal Code, 1860, Section 307, 324 -- Offence u/ss 307, 324 IPC - Injured witness had spoken in tune with prosecution case and deposed about assault committed on him - Inconsistencies were found in the evidence of PWs 2, 3 and 6 - There is insufficient evidence to establish with certainty the existence of an intention to cause death of victim - Accused rightly..........
Indian Penal Code, 1860, Section 307, 324 -- Offence u/ss 307, 324 IPC - Injured witness had spoken in tune with prosecution case and deposed about assault committed on him - Inconsistencies were found in the evidence of PWs 2, 3 and 6 - There is insufficient evidence to establish with certainty the existence of an intention to cause death of victim - Accused rightly..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304A -- Bail - Rash and negligent driving - Accused who is doctor by profession, drove his car after consuming alcohol causing an accident which resulted in death of a person, a pregnant woman suffering miscarriage coupled with injuries to several persons - Argument with regard to vehicle getting..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Dowry death - Accused is in custody for nearly two years four months - Case is at the stage of trial - Two witnesses have been examined and 26 witnesses are proposed to be examined by prosecution - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Dowry death - Deceased expired as a result of "septicaemia due to chronic illness of multiple organs involvement" - Death cannot be termed as "not under normal circumstances" - Ingredients of S.304-B not fulfilled - There..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Last seen evidence - Prosecution has established that deceased and accused left the house of PW5 together and soon thereafter death of deceased had occurred - Burden to show as to what happened after leaving house would shift on accused in view of S.106 of Evidence Act - However, accused have utterly failed..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Death sentence - Accused persons have no criminal antecedents - They have not acted in a brutal manner, inasmuch as there is only single injury inflicted on both the deceased - Case cannot be considered to be rarest of rare case - Capital sentence commuted to life imprisonment...........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Where death of one of accused is disputed and is contested and if Court cannot came to any concrete conclusion, it may register a separate miscellaneous case to decide upon death of such accused and to proceed with appeal of rest of accused...........
