Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Death otherwise than under natural circumstances within seven years of marriage - Evidence of PW1, father and brother of deceased had given a clear indication that there was no cruelty upon deceased soon before date of incident - Necessary ingredients of deceased being subjected to cruelty in respect of demand of..........
Indian Penal Code, 1860, Section 302, 498A, 34, Criminal Procedure Code, 1973, Section 154 -- Murder - Non-disclosure of relevant facts in FIR - Disclosure of incident by minor to PW7 at the earliest opportunity rules out any possibility of tutoring - PW6 brother of deceased came to place of occurrence later and got busy in releasing body of his sister from morgue and..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of minor - Roles of accused persons in assault of deceased on fateful day as per evidence of minor is corroborated by other materials on record - However, it is unsafe to rely on uncorroborated version of minor with regard to role played by A-2 and A-3 in the murder of his mother - A-2 and A-3 thus, entitled to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Conjoint attack on deceased was inhumane and extensive injuries were found on her body including on her vital parts - Brutal attack launched on a helpless housewife by her husband and in-laws clearly disclose their intention to murder her - Brothers-in-law pinned her down while her husband mercilessly..........
Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - PWs 5 to 7 spoke of continuous torture upon deceased during her lifetime at her matrimonial home by accused - Accused ill-treated and assaulted her - Deceased along with her one and half year child had been driven out of matrimonial home and she was compelled to lodge a criminal case against accused, which though..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW for cross-examination - Accused charged with serious offence u/ss 498-A, 323, 376, 504, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Therefore, accused must not be stripped of his valuable right of a fair and impartial trial, because it would be negation of concept of due process of law - One opportunity to cross..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 409, 120B -- Quashing of order - Cheating - Investigation of case by police is not held in a fair manner and still statements of complainant and witnesses have not been recorded by I.O - When complainant alleged that statements of complainant and witnesses have not been..........
Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Case of prosecution mainly relied upon testimonies of two eye witnesses - Injuries suffered by eye witnesses and fact that those injuries were noticed by doctors soon after the incident, sufficiently prove the presence of eye witnesses at the time of occurrence - Testimonies of eye witnesses are quite cogent and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of five cheques - Two complaints - Joint trial - Liability of accused in both the cases is different in nature as in one case cheques are stated to have been issued to discharge debt of financial assistance provided by an individual, whereas, in another case cheques..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- FIR - Murder - Complainant is an Advocate who tried his best for treatment of his father but on the way he died - He along with other returned back to home and FIR lodged after seven hours from time of incident against unknown accused - Complainant has no suspicion against accused at..........
