Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Circumstantial evidence - Deceased found murdered in the bathroom of her house - Factum of illicit relation of deceased with father of accused not proved which is a strong motive for accused to commit murder of deceased - Daughter of deceased and domestic servant does not support the prosecution case - Even..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Circumstantial evidence - Recovery of blood stained clothes and weapon of offence - Recoveries affected at the instance of accused but no independent witness was joined to recovery and disclosure statement - FSL report shows that human blood found on clothes of accused matched with blood group of deceased - Such..........
Indian Penal Code, 1860, Section 406, 323, 34 -- Criminal breach of trust - Absence of specific allegations of entrustment of dowry articles and specific allegation of beating - Accused cannot be convicted u/ss 406 and 323 IPC...........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 177, 178, 179 -- Cruelty - Jurisdiction - FIR registered at Rohtak - Acts of cruelty and ill treatment meted out to complainant at the behest of petitioner continues both in Delhi and Rohtak - Offence in this case was a continuing one, being committed in more local areas and one of local..........
Indian Penal Code, 1860, Section 323, 34, 325 -- Voluntarily causing hurt - Injuries inflicted during course of quarrel between complainant and accused - No pre-planning and pre-mediation since accused not knowing that complainant would meet them at the place where incident took place - Injuries not caused on vital parts of body nor any fracture was detected - Delay in..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32, 106 -- Murder - Death by burning - Dying declaration - Victim sustained burn injuries at her matrimonial home - She was not rushed for medical aid immediately after the occurrence - How and in what manner deceased sustained burn injuries was solely in knowledge of appellants - But they have not..........
Indian Penal Code, 1860, Section 498A, 302, 34 -- Cruelty - Dowry death - Non-examination of independent witness itself is not fatal as parents of deceased are consistent in their stand and despite cross-examination, nothing could be elicited to discredit their testimony - Their testimony is quite credible regarding illegal demands of colour TV and a plot by appellants and..........
Indian Penal Code, 1860, Section 498A, 302, 34 -- Dowry death - Demand of dowry - Mere fact that no complaint was made by parents of deceased to Biradari Panchayat or to Anti-Dowry Cell regarding illegal demands of dowry or harassment by accused persons does not lead to conclusion that no such demands were made as witness has explained that no such complaint was made..........
Indian Penal Code, 1860, Section 498A, 302, 34 -- Dowry death - Non examination of any independent witness as to demand of dowry or harassment - It is of no consequence, inasmuch as, such like incidents happen within the four walls of matrimonial home and except for the bride even this fact does not come to notice of her relatives unless demand is either made directly from..........
Indian Penal Code, 1860, Section 498A, 302, 34 -- Dowry death - Plea of suicide - If appellants had no role to play in the death of deceased, no explanation has been furnished by them as to why they themselves did not inform the police regarding the commission of suicide by deceased as alleged...........
