Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Dying declaration - Murder - Neither doctor was produced who has stated that deceased was in fit state of mind to make statement, nor I.O was produced to prove such statement - There was gap of two days from date of recording of such statement and time of death of deceased - No corroborative evidence..........
Stridhan property -- Return of Stridhan property given by father to deceased daughter at the time of her marriage - Murder of wife by husband - Conviction of husband u/s 302 IPC - It is S.6(3) Dowry Prohibition Act which applies - Husband is not entitled to retain dowry even if he was acquitted and dowry articles will remain with father of deceased - Order to release..........
Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Attempt to murder - Non-examination of victim deprives right of cross-examination of accused, which is fatal to prosecution...........
Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Attempt to murder - Accused was not apprehended from the spot - Weapons of offence recovered from an unidentified location - Prosecution failed to prove that accused had intention or knowledge relating to commission of murder or towards it - Offence u/s 307 IPC not made out against accused - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of N.I. Act withdrawn as parties compromised the matter - Continuation of FIR u/s 174-A IPC is nothing but an abuse of process of law, once main dispute between parties has already ended -..........
Indian Penal Code, 1860, Section 376, 323, 406, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix is a widow having two children - Instances of rape which allegedly began from 13.7.2017 are reported to police first time directly on 30.1.2018 i.e after six months - There was long standing acquaintance between accused and..........
Indian Penal Code, 1860, Section 376, 323, 406, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Allegation that accused forcibly took away ornaments of prosecutrix - However, said allegation is false and afterthought because jeweller with whom said alleged ornaments were mortgaged stated that he knew accused as well prosecutrix, as..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304, 323, 504, 506, 34 -- Summoning of additional accused - Offence u/ss 304, 323, 504, 506, 34 IPC - Complainant who received injuries in the incident naming petitioner and attributing role of taking participation in the incident - Testimony of injured witness is of highest value and cannot be..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - Two dying declarations - Appellant not named in the first dying declaration - Second dying declaration alone elaborates acts of cruelty - Secondly dying declaration rejected completely by High Court - As far as recovery of articles and smell of kerosene is considered they are circumstances..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation that wife was beaten up both physically and mentally on demand of dowry - However, no medical document to substantiate fact of injury on complainant - None of PWs deposed that filthy languages uttered by accused to cause mental torture on complainant - Delay in lodging complaint remained unexplained - No..........
