Indian Penal Code, 1860, Section 304B -- Dowry demand - Neither any PW alleges cruelty or harassment meted out by appellant in connection with dowry nor prosecution has proved the same - Statements given by PW1, PW2 & PW3 are bald statements which do not indicate any form of cruelty meted out to deceased by appellant - Presumption u/s 113-B of Evidence Act would not be..........
Indian Penal Code, 1860, Section 304B -- Dowry demand - S.304-B IPC is an offence of strict liability and mens rea to cause death need not be proved and only actus reus of subjecting deceased to cruelty or harassment by her husband or any relative in connection with any demand for dowry is sufficient to bring home guilt of accused...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Prosecution has failed to prove any sort of cruelty by appellants to meet any unlawful demand as given in S.498-A IPC - Even, evidence of PWs in the course of trial does not indicate any sort of cruelty as defined u/s 498-A IPC - Conviction and sentence set aside...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Postmortem report by itself cannot be made sole basis for discharge of accused...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Fact as to whether version given by eye witnesses is correct or not in the light of post mortem report and opinion with regard to cause of death can be adjudicated upon only during trial - No other relevant material has been produced on record to..........
Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149 -- Murder - Identification of an accused is a fundamental requirement for establishing culpability and where no credible source or circumstances of identification are provided, testimony regarding identification becomes inherently unreliable...........
Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149 -- Murder - Medical evidence - Medical evidence presented is inconsistent with prosecution's narrative - Doctor/PW18 opined that deceased might have died due to excessive bleeding resulting from a fracture of left hip bone - However, prosecution has failed to produce any medical document or hospital record..........
Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149 -- Murder - Identification of accused - Absence of critical information regarding identification of accused especially when the incident occurred at night renders the prosecution's case doubtful - FIR and testimonies of witnesses during trial exhibit material contradictions - Medical evidence presented is..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 396, 412 -- Second bail application - On parity basis - Dacoity with murder - Incident is very serious as four persons have been done to death and injured was seriously injured - Merely because co-accused has obtained bail by concealment of correct facts, parity of such order cannot be..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cruelty - Wife filed the complaint after grant of divorce, a month later - Application filed as a counter blast to fact that husband has two orders in his favour, one by Courts in Austria ordering wife to bring child back to Australia and other, by Courts in..........
