Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - As per allegations made by complainant in FIR, he is paramour of deceased-wife of complainant - However, there is nothing on record showing that petitioner has any criminal antecedents - Out of 12 prosecution witnesses 2 material witnesses including complainant already stands examined and possibility of..........
Indian Penal Code, 1860, Section 354, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Evidence of five years old victim - Victim identified accused in Court though she scared - She does not appear to be tortured witness - Ocular evidence of victim and her mother inspires confidence - Moreover, accused was caught by residents and handed..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Dying declaration - Allegation against sister-in-law of deceased and husband of sister-in-law - Dying declaration of deceased does not state that dowry was cause of death - Husband of deceased was completely exonerated in dying declaration and he was not charge sheeted and prosecuted - It was the husband who had taken..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Second anticipatory bail application - Cheating - Custodial interrogation of applicants is required for recovery of cash and gold jewellery both together amounting to approximately Rs.1.10 Crores - There is no ground for grant of anticipatory bail to applicants at this stage -..........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Evidence of prosecution witnesses No.1 to 5 are contradictory to each other regarding allegation against respondent Nos.2 to 5 and in absence of any injury received by the informant, the allegation of assault against respondent Nos.2 to 5 has rightly not been sustained - Acquittal of respondents Nos.2 to 5 calls for..........
Indian Penal Code, 1860, Section 300 -- Exception I - Provocation - Gravity of provocation can be assessed by taking into account the history of abuse and need not be confined to gravity of final provocative act in the form of acts, words, gestures...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Deceased consumed alcohol on the night of occurrence and had told his brother/accused to leave the house and if not he would kill him - There was sudden loss of self control on account of slow burn reaction followed by final and immediate provocation - There was temporary loss of self control as..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Sentence - Accused had already suffered incarceration for over 10 years - Sentence of accused thus, modified to the sentence to period already undergone by him - In addition, accused had to pay Rs.1000 as fine and in default will undergo S.I for a period of 6 months...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Goods entrusted with the Company - Managing Director of company cannot be prosecuted without company as an accused - Entrustment of goods being with the company alone, in the absence of any specific overt act on the part of Managing Director, no offence u/s 406 IPC can be made out against Managing Director..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 34, Dowry Prohibition Act, 1961, Section 3(1) -- Quashing of proceeding - Offence u/ss 498-A, 406, 34 IPC, S.3(1) of Dowry Prohibition Act - Allegations against parents of husband - Omnibus allegations has been made against family members of husband - Petitioners have been unnecessarily..........
