Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 326, 323, 148, 149 -- Anticipatory bail - Petitioner also involved in case of intermediate quantity under NDPS Act and is on bail - Previous criminal history of petitioner would not come in the way for getting bail - Without commenting on merits of case, petitioner makes a case for bail - Bail..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 463, 464 -- Quashing of FIR - Forged document - FIR discloses commission of cognizable offence, which requires to be investigated - Meticulous appreciation of material is not required to be done at this stage - There is no ground for quashing FIR - Petition for quashing FIR dismissed...........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Settlement - Where marital discord between parties is settled and they are living together while leading a happy conjugal life, conviction u/s 498-A IPC not sustainable...........
Indian Penal Code, 1860, Section 300 -- Exception II - Right of self defence - Plea of self defence on an exception appended to S.300 IPC on the strength of evidence available on record is open to be raised at the appellate stage...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Provocation for sudden fight and quarrel was triggered by deceased who protested by advancing towards accused and heat of passion multiplied on his opening the first fire - Accused did have knowledge of fatality of firearm injury but sudden provocation and aggression suppressed the element of..........
Evidence Act, 1872, Section 113B, Indian Penal Code, 1860, Section 304B -- Presumption u/s 113-B Evidence Act - It is rebuttable presumption - Presumption can be dispelled through cogent evidence that all the ingredients of S.304-B IPC have not been satisfied...........
Indian Penal Code, 1860, Section 304B -- Pre requisite to convict an accused u/s 304-B IPC - (i) that the death of a woman must have been caused by burns or bodily injury or occurred otherwise than under normal circumstance; (ii) that such a death must have occurred within a period of seven years of her marriage; (iii) that the woman must have been subjected to cruelty or..........
Indian Penal Code, 1860, Section 304B, 201, 34, Evidence Act, 1872, Section 113B -- Dowry death - Deceased had gone missing from her matrimonial home within a few months of her marriage immediately after demands of dowry were made - Dead body of deceased recovered from banks of river which indicates that deceased had died under abnormal circumstances - No plausible..........
Indian Penal Code, 1860, Section 304B, 201, 34 -- Dowry death - Allegation against mother-in-law - Omnibus allegations made against A-3 with respect to dowry demands - No specific allegations, specific evidence or testimony against A-3 - Guilt of A-3 not proved - A-3 acquitted...........
Indian Penal Code, 1860, Section 397 -- Offence u/s 397 IPC - Use of weapon to constitute offence u/s 397 IPC does not require that offender should actually fire from firearm or actually stab if it is a knife or a dagger but mere exhibition of same, brandishing or holding it openly to threat and create fear or apprehension in the mind of victim is sufficient...........
