Indian Penal Code, 1860, Section 149 -- Unlawful assembly - None of the eye witnesses stated that all accused persons had come with a common object of committing murder and assaulting injured PW2 - It is also not stated by any of the eye witnesses that there were any utterances by one or many or all the accused that they must eliminate the deceased and cause injuries to..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Act of accused insulting deceased by using abusive language or maltreatment will not by itself constitute abetment of suicide - Prosecution is obliged to prove and lead sufficient evidence capable of suggesting that accused intended by such act to instigate deceased to commit suicide...........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Vague and general allegations regarding demand of dowry made against accused - No concrete or conclusive evidence against accused and his family members to prove their complicity in commission of crime - No complaint or application alleging maltreatment or misbehavior by accused was made by deceased -..........
Indian Penal Code, 1860, Section 304B -- Dowry death - All neighbours said that the matrimonial life of the deceased at the house of the accused was happy and cheerful and they never noticed any untoward incident - When there is no evidence that death is homicidal or suicidal and when the evidence does not indicate the gravity of alleged cruelty leading to a death, one..........
Indian Penal Code, 1860, Section 304B -- Dowry death - All neighbours said that the matrimonial life of the deceased at the house of the accused was happy and cheerful and they never noticed any untoward incident - When there is no evidence that death is homicidal or suicidal and when the evidence does not indicate the gravity of alleged cruelty leading to a death, one..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1)(A), 27(2) -- Murder - Gunshot injury - Testimony of sole eye witness/PW3 is not free from embellishments, nor is corroborated by any other evidence - Auto rickshaw driver who took deceased to hospital has not been examined in Court - Prosecution is not able to link weapon with accused - There was no..........
Indian Penal Code, 1860, Section 498A, 306, 34 -- Cruelty - Abetment of suicide - Inordinate delay in lodging FIR not explained - Evidence relating to so called torture of deceased is not worthy of acceptance - If such evidence is taken away, then there remains nothing to even remotely suggest that accused persons had instigated deceased to such extent as would lead her to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - Correctness of last seen version emanating from PW8 becomes doubtful and prosecution has miserably failed to prove the alleged motive - In such circumstance, though the deceased had met with a homicidal death it cannot be said that the rest of the circumstantial evidence culled out by the courts below..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - Correctness of last seen version emanating from PW8 becomes doubtful and prosecution has miserably failed to prove the alleged motive - In such circumstance, though the deceased had met with a homicidal death it cannot be said that the rest of the circumstantial evidence culled out by the courts below..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Demand of dowry - Deceased died as she was set ablaze - First dying declaration of deceased implicates accused and said dying declaration fulfill all requirements - Evidence of witnesses and post mortem report states that injuries on the body of deceased would be the..........
