Indian Penal Code, 1860, Section 302, 34, 201, 404 -- Murder - Appellant No.2 only helped co-accused in suppressing evidence by digging a hole and hiding dead body of deceased - No recovery of any of articles of deceased effected from possession of appellant No.2 - It was co-accused who caused assault, which resulted in death of deceased - Conviction of appellant No.2,..........
Indian Penal Code, 1860, Section 364, 365, 448, 506, 511, 34 -- Kidnapping - Complainant not explained as to why names of two persons, who were subsequently named by him were not disclosed for 15 long years - It shows that complainant was trying to put forth improved version - Statement of complainant is also contradictory to official witnesses examined by prosecution -..........
Indian Penal Code, 1860, Section 302, 148, 149, 34 -- Murder - PW7/doctor who had conducted postmortem of dead body of deceased specifically stated that three incise wounds were found on the dead body of deceased - Though, PW7 has stated that injury sustained by deceased could possibly be caused by stone which was shown to him by Constable as well as sticks shown to him -..........
Indian Penal Code, 1860, Section 302, 148, 149, 34 -- Murder - Major contradictions in deposition given by informant - Material contradictions in deposition of informant regarding the manner in which incident took place and with regard to which information about the incident was given by her grand daughter - Independent witnesses did not support the case of prosecution -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence adduced by prosecution suffered from material discrepancies and whole story put up lacked credence - Although alleged weapon of offence, licensed firearm belonging to co-accused was recovered, no endeavour appears to have been made to subject the same to expert ballistic examination in order to establish whether..........
Indian Penal Code, 1860, Section 498A, 332, 504, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against parents of husband - Vague and omnibus allegations levelled against appellants - No specific instance or occasion detailed with particulars wherein appellants demanded dowry from wife and on refusal of same subjected her to mental..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - One of the non-negotiable requirements of a fair trial is that the accused persons should have ample opportunity to dispel the case and claims of the prosecution against them - Therefore, procedure under Section 313 CrPC is to be followed which provides accused an opportunity to explain such incriminating..........
Indian Penal Code, 1860, Section 306, 386, 506, 34 -- Abetment of suicide - Alleged suicide note which forms sole basis of prosecution is itself disputed and its genuineness remains unsubstantiated - Even, it does not contain any proximate or specific act on the part of petitioners amounting to abetment - There is no cogent evidence of any instigation, intentional aid or..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Mere allegation of harassment of deceased by another person not suffice unless there is such action on the part of accused which compels person to commit suicide...........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Allegation against mother-in-law - Prima facie not established that appellant had any intention to instigate or aid or abet deceased to commit suicide - Deceased died in her matrimonial home after about 9 years of marriage - Prosecution has failed to prove any circumstances which appellant had created or..........
