Indian Penal Code, 1860, Section 302, 84 -- Murder of grandfather - Plea of insanity - Abnormal/insane behaviour of accused at the time of assault and immediately thereafter is worth notice - Star witness of prosecution stated that accused was fond of deceased and he loved deceased a lot - When accused was arrested, PW14 medically examined him and found that he appeared to..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Non-providing of proper medical aid to ones wife to enforce demand of dowry will come within definition of cruelty as enunciated u/s 498-A IPC...........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against in-laws - General and omnibus statements against accused persons that they had tortured wife when she stayed in her matrimonial home in absence of her husband - Wife has not sustained any injury at the hands of accused - Prosecution has not..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against husband - PWs have been consistent in their statements that husband was demanding a vehicle - When wife was diagnosed with cancer, husband refused to take care of her for providing her medical treatment stating that her father had not given..........
Indian Penal Code, 1860, Section 302, 341, 34 -- Murder - Accused allegedly surrounded deceased and her daughter-in-law in a pre-planned manner with a pre-determined mind to assault them - Nature of injuries caused to head of deceased with deadly weapons prove that they had assembled with common intention and not merely to threaten her or to deter her from practicing..........
Indian Penal Code, 1860, Section 452, 308 -- Offence u/ss 452, 308 IPC - Serious contradictions in the evidence of alleged eye witnesses and injured witnesses - No plausible explanation given for delay of three days in lodging FIR - Injuries suffered by injured are simple in nature and were not of such a nature which could result in death - Accused rightly acquitted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 419, 120B, Prevention of Corruption Act, 1988, Section 7, 13(1)(a), 13(2) -- Anticipatory bail - Cheating - Proclamation u/s 82(1) Cr.P.C issued against accused - However, nothing on record to indicate that proclamation has been published as provided u/s 82(1) Cr.P.C - In the absence of..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Long time gap between alleged last seen and recovery of body - Whether the deceased had in fact gone with accused after which his dead body was found had not been proved - There is no definitive evidence of last seen and also the fact that there is a long time-gap between..........
Indian Penal Code, 1860, Section 395, 397 -- Dacoity - Identification of accused - PW3 and PW4 identified the accused in the open Court and stated that he was the person who committed dacoity in their houses - There were sources of light to sufficiently see the faces of accused - Nothing to suggest that there was any cause for them to falsely implicate accused - Accused..........
Indian Penal Code, 1860, Section 354, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Outraging the modesty of woman - Prosecutrix was only 14 years and 8 months old on the date of incident - Accused pulled the clothes of prosecutrix and put his hand on her shoulder - Conduct of accused clearly signifies his sexual instinct - Mere existence of a..........
