Indian Penal Code, 1860, Section 34, 149 -- When multiple accused share common intention/common object to commit a crime, it is irrelevant to determine the exact role played by each of them in the assault...........
Indian Penal Code, 1860, Section 498A, 324, 355, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against husband - Allegation of throwing chilli powder and assault on wife by husband and other in-laws is not only supported by wound certificate which discloses simple injury but also statement of neighbour - It cannot be..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere quarrels or fights in a marriage or family, do not amount to abetment...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere harassment may not be enough for abetment - There must be active instigation...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Merely because some persons are named in suicide note, they cannot be presumed to be guilty...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Higher proof of instigation is required where a person is emotionally or mentally vulnerable due to depression and other psychiatric problems - Every case of suicide does not amount to abetment and therefore Court has to see whether conduct of accused was such that a normal person, not merely a hyper sensitive..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 34 -- Anticipatory bail - Abetment of suicide - Deceased husband routinely abused, beat and insisted wife for unnatural sex - Deceased was suffering from depression and Obsessive Compulsive Disorder (OCD) - He had a clinical history of abnormal behavior and also had suicidal tendency and..........
Indian Penal Code, 1860, Section 302, 328, 34 -- Murder - Circumstantial evidence - Allegation that accused persons administered poisonous laddus to children - However, no one has seen accused having given poison in their presence or mixing poison with laddus that they have given to children - Alleged eye witness PW7 turned hostile - Chemical examination report indicate..........
Indian Penal Code, 1860, Section 376, 377, 323, 313, 506, 509, 34, Criminal Procedure Code, 1973, Section 482 -- Rape - Compromise - Quashing of FIR - Petitioner No.1 got married with prosecutrix 10 days prior to filing of charge sheet - I.O. seized two mobile phones of petitioner No.1 and sent the same to FSL for forensic examination and involved Cyber Cell to retrieve..........
Indian Penal Code, 1860, Section 376, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - On the pretext of marriage - Quashing of FIR - Long-drawn relationship of appellant and prosecutrix including circumstance of their living together and cohabiting with each other, that too in a separate rented accommodation, would give rise to a presumption that their..........
