Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Deceased committed suicide by pouring kerosene oil upon her and putting on fire after 12-13 years of her marriage - Parents of deceased stated that accused used to administer beatings to their daughter after consuming liquor - Medical evidence duly corroborates ocular evidence - Delay in lodging..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Earlier FIR was lodged and petitioner was named in the FIR - Police did not file challan against petitioner - Petitioner not summoned u/s 319 Cr.P.C. - Separate complaint cannot be filed against petitioner, particularly when summoning order was passed much after dismissal of application u/s 319..........
Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 3 -- Murder - Motive - Premeditated assault - Occurrence of verbal exchanges and incidence of trifle beatings one day prior to incident - Eye witness/injured lodged FIR and stated involvement of accused party by naming their role and injuries, corroborated by medical evidence - Weapons recovered - FSL report..........
Indian Penal Code, 1860, Section 302 -- Murder - Inquest report - Not necessary to mention name of accused in inquest report - However, when PW1 disclosed the name of accused in FIR and he himself was also a witness of inquest along with PW4, then natural conduct is that he should also tell the name of accused to I.O. - Such lapse creates doubt regarding prosecution case...........
Criminal Procedure Code, 1973, Section 41 -- Protection from arrest - From a bare reading of FIR offence u/s 363 IPC made out - Petitioner No.1 married to petitioner No.2 - Both are also major - Petitioners should be arrested only when I.O has reason to believe on the basis of information and material collected that they have committed an offence - Before making arrest I.O..........
Criminal Procedure Code, 1973, Section 154, Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 506 -- Delayed FIR - Sexual assault on girl aged 10 years by her near relative - Delay of 21 days in lodging FIR - Not fatal to prosecution, where family of prosecutrix belongs to rural area and father of prosecutrix was not in the..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of axe - Dead body of deceased recovered from forest hills, which was destroyed by animals - Axe was recovered at the spot but no blood was detected upon axe which is alleged to be recovered upon information given by accused - It cannot be said that prosecution proved its case on the..........
Indian Penal Code, 1860, Section 420, 448, 457, 380, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Respondent no.4 purchased the flat in an auction from Bank for which sale certificate is issued in his favour - Physical possession of said flat is also given to respondent no.4 - Respondent no.4 also filed a civil suit for restoring the..........
Criminal Procedure Code, 1973, Section 154 -- Mentioning of caste/status separately in criminal proceedings - It is a colonial legacy and requires to be stopped - Mentioning of caste of accused, victims or witnesses separately in inquest report, FIR, recovery memo, dying declaration is not permissible as it is against right of dignity and basic human right - Direction..........
Criminal Procedure Code, 1973, Section 39, 154 -- Rampant corruption - Registration of FIR - In the instant case, petitioner challenged vires of Haryana Vigilance Manual and despite series of representation and legal notice, no criminal case is registered by respondents against alleged culprits in rampant corruption - However, to achieve object and to set into motion..........
