Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Mere fact that there was quarrel between mother-in-law/PW1 and accused in the morning of date of incident, because accused wanted to go to her place of her father, it cannot be said that such a quarrel would make a case of grave and sudden provocation to commit the murder of deceased - Case cannot be brought..........
Indian Penal Code, 1860, Section 302, 392, 397, 34 -- Murder - Dead body of deceased discovered on the disclosure statement of accused J & P - Said facts are proved and established by constables - Even, test identification parade and dock identification also proves that accused were seen with deceased - Case against accused J & P is proved beyond reasonable doubt - Accused..........
Indian Penal Code, 1860, Section 302, 392, 397, 34 -- Murder - Accused `B' was arrested after one year from the incident - Test identification parade was also conducted after 13 months from the incident - Police officers were not taken to identification parade - Prosecution relies on recovery on key allegedly from accused `B', but this evidence is also disbelieved, as not..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, 406, 323, 34 -- Summoning of additional accused - Dowry death within 7 year of Marriage - Challan filed against husband and mother-in-law of deceased - Father-in-law and mother-in-law were living under same roof as his son and he would have been privy to all alleged occurrences of..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, 406, 323, 34 -- Summoning of additional accused - Dowry Death within 7 year of marriage - Sister-in-law and brother-in-law named in FIR but no cogent material that they continued to reside with deceased or that they used to inter-meddle in day to day marital life of deceased -..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Death caused by accused was not pre-mediated - Accused had no intention to cause death of deceased - Injuries were though sufficient in ordinary course of nature to have caused death - Offence in question therefore, falls u/s 300 Exceptions 1 & 4 IPC - Accused liable to be convicted u/s 304(Part II)..........
Indian Penal Code, 1860, Section 498A, 109 -- Cruelty - Wife filed application u/s 12 of DV Act - Not a bar for wife to lodge FIR u/ss 498-A and 109 IPC...........
Indian Penal Code, 1860, Section 498A, 109, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Specific allegations against husband that he made demands of cash and car from wife - Husband used to physically and mentally torture her in connection with demands of dowry - Contention of husband that FIR lodged just to victimize husband and his..........
Protection of Children from Sexual Offences Act, 2012, Section 8, 10, 12, Indian Penal Code, 1860, Section 354, 506 -- Sexual assault - Stay of conviction - Accused is a Government teacher - Prosecutrix prima facie in her cross-examination has not supported prosecution case - Accused is not involved in any other case and he is not likely to be heard in near future - On..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - If accused does not throw any light upon facts which are proved to be within his special knowledge, such failure on part of accused may be used against accused as it may provide an additional link in chain of circumstances required to be proved against him...........
