Indian Penal Code, 1860, Section 302, 364, 346, 193, 218, 120B -- Framing of charge - Deceased was a hardened criminal and 20 cases were pending against him thereafter one FIR was also registered against him in which he was also absconding - Deceased was killed by police officials belonging to Special Operation Group (SOG) - Petitioner has not been charge sheeted for..........
Indian Penal Code, 1860, Section 498A, 406 -- Offence u/ss 498-A, 406 - Quashing of FIR - Demand of dowry on telephone - No specific role of any of accused persons mentioned - Moreover, when respondent No.2 had not visited the house of accused persons after returning from America, where husband of respondent No.2 is living, how the allegations levelled in FIR regarding..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Dying declaration - Deceased was taken to police station just after the occurrence so there was no occasion for any tutoring or prompting - No doubt she must be bleeding profusely due to injuries sustained by her but only on this count her statement and FIR cannot be discarded as unreliable -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Conduct of husband - In addition to FIR lodged by wife against husband another FIR was also registered against husband by another person - Though said FIR cannot be directly related to matrimonial dispute between husband and wife but it certainly reflects conduct of husband...........
Indian Penal Code, 1860, Section 353 -- Posting comments on Facebook accusing Police Officer of his misbehaviour - No force was used by appellants to commit such an offence - Nothing on record to show that appellants either assaulted respondents or used criminal force to prevent second respondent from discharging his official duty - Ingredients of offence u/s 353 IPC not..........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Posting comments on Facebook accusing Police Officer of his misbehaviour - Mere expression of any words without any intention to cause alarm would not be sufficient to bring the applicability of S.506 IPC - Moreover, page created by traffic police on Facebook is a public forum meant for helping the public and..........
Indian Penal Code, 1860, Section 498A, 304B, 34, Evidence Act, 1872, Section 3 -- Dowry death - Appreciation of evidence - 100% burn injuries - Plea of delay in filing FIR - It has come in evidence that in midnight PW1 along with others reached house of deceased to find out as to hat happened to her - Having seen her condition, naturally they first took deceased to..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Unimpeachable evidence of prosecutrix that two accused committed sexual intercourse with her without her consent - Minor discrepancy or variation in evidence will not make version of prosecutrix doubtful - Age of prosecutrix at the time of incident below 18 years - Since prosecutrix has categorically said that..........
Criminal Procedure Code, 1973, Section 41, 482 -- No justification for high court to direct the state to arrest against whom FIR was lodged, as it amounted to unjustified interference in investigation of case...........
Motor Vehicles Act, 1988, Section 166, Criminal Procedure Code, 1973, Section 154 -- Accident - Compensation - Proof - Specific mention by eye-witness that it was due to rash and negligent driving of claimant road accident took place resulting into death of deceased - Statement of eye witness fully corroborated by FIR - Though FIR is not substantial piece of evidence but..........
