Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation against mother-in-law and father-in-law - Deceased died otherwise than under normal circumstances within seven years of her marriage - Testimonies of PW-1, PW-2 and PW-3 do not indicate that any demand for dowry was made by appellants either before or at the time of marriage of deceased with..........
Indian Penal Code, 1860, Section 304B, 498A, 302, 323, 307, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 32 -- Dowry death - Death by burning - Dying declaration - Deceased sustained 90% burn injuries - She in her dying declaration has stated that she is carrying pregnancy of eight months, but no such pregnancy was found in the medical evidence -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Manner in which petitioner, while wearing safety shoes, delivered kicks to deceased's stomach and private parts prima facie demonstrates his intent to cause his death - Safety shoes, when used as a weapon, can significantly increase the potential for inflicting serious or..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 333, 353, 504, 506, Explosive Substances Act, 1908, Section 3, 4 -- Bail - Murder - Applicant is in jail since last 4 years - Serious allegations were made against applicant - Being a police officer he has misused the trust which has led to death of his colleagues - Trial is..........
Indian Penal Code, 1860, Section 376(2)(i), 376D, 376A, 302, 450, 34, Protection of Children from Sexual Offences Act, 2012, Section 5(g), 6 -- Rape and murder - Death sentence - Conduct of accused in the prison has been found to be satisfactory - Accused was brought up by his father as a single parent, as he lost his mother at the tender age of 8 years and his elder..........
Custody of child -- Claimed by father - Death of mother by hanging - Child had been in the custody of maternal grandparents/appellants from the tender age of 11 months - She is now one year and five months old - Court cannot treat child as movable property and transfer custody without even considering the impact of disturbance of custody on child - Such issues cannot be..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Compensation - Patient complained to the appellant about stomach pain and constipation - However, instead of investigating if a serious problem existed with the patient, appellant merely gave out prescriptions of medicines to deal with the patient's symptoms - More importantly, the..........
Indian Penal Code, 1860, Section 306, 511, 109, 120B, 149 -- Abetment of suicide - Wife attempted suicide - Death by suicide is necessary ingredient to invoke S.306 IPC - Further, S.511 IPC can only be invoked if principal offence is concluded to have been committed - Since wife survived suicidal attempt, threshold of S.306 IPC not breached - Accused discharged...........
Court Fees Act, 1870, Section 7(iva) -- Court fee - Suit filed to declare Will to be void and restraining others to claim any right over half of property referred in Will deed - Suit filed after death of testator is having money value and Court fee is liable to be paid in view of S.7(iv-a) of the Act...........
Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry death - Allegation against sister-in-law - Accused is a married woman and at the relevant point of time admittedly, she was residing with her family at her matrimonial home - No specific evidence has come in the form of any of PWs that may connect accused to the commission of the crime - Accused acquitted...........
