Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband has pointed out some instance of cruelty - However, such instances are not supported by cogent and acceptable evidence of cruelty - Husband neither examined any independent witnesses nor produced any documentary evidence with regard to filing of criminal cases alleging attempt..........
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 304B, 498A -- Dowry death - Sentence - Deceased died due to homicidal death not suicide - Death occurred within seven years of marriage - Accused was incarcerated for 15 years and that period would be enough punishment - He is now 80 years old and other accused is 70 years and looking to the age of accused period undergone by them would be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 376, 420, 406, 120B -- Quashing of proceedings - Victim and accused used to chat on facebook and with passage of time developed love and intimacy and with consent of family members their marriage was settled - But appellant refused to marry victim before wedding and victim consumed some..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption u/s 113-A of Evidence Act - Mere factum of commission of suicide by itself would not be sufficient for Court to raise presumption u/s 113-A of Evidence Act and to hold accused guilty of offence u/s 306 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - For the purpose of proving charge u/s 306 IPC, there has to be evidence with regard to positive act on the part of accused to instigate or aid to drive a person to commit suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation that deceased had committed suicide by jumping into open well because of mental and physical harassment of accused - Cause of death was asphyxia due to drowning - However, none of PWs had any knowledge as to whether deceased had jumped into well or she had accidentally slipped into well - Prosecution..........
Custody of child -- Claimed by father - Writ of habeas corpus - Mother of children committed suicide - Children are residing with their maternal grandparents - Father of children is involved in a case registered u/s 306 IPC on account of alleged suicidal death of mother of children - Relationship between parents of children remained strained just after some time of..........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Altercation between accused and deceased - Thereafter deceased uttered the words that he would jump into the well - Mere fact that accused retorted the words by saying that if you want to jump tomorrow why not jump today itself, did not contain necessary ingredients to make out a case u/s 306 IPC - Accused..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 498A -- Summoning of additional accused - Abetment of suicide - Cruelty - Accused implicated first time in statement of informant before trial Court - Story set up by witnesses during their testimony before trial Court has come up for the first time which is against the allegations of FIR and..........
