Indian Penal Code, 1860, Section 417 -- Cheating - Allegation that accused cheated deceased by not marrying her despite promising to do so - However, accused and deceased had secretly married and deceased wanted their marriage to be solemnized as per Hindu rites and customs - Accused had made arrangements for such marriage but for some reason same did not happen - No..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation that accused did not marry deceased, she did not wish to live any further and therefore, committed suicide - Fact remains that accused and deceased secretly married but deceased insisted for solemnization of marriage as per Hindu rites and customs - There was neither any suicide note nor any dying..........
Indian Penal Code, 1860, Section 380 -- Theft - Premises in question is matrimonial home of petitioner - Petitioner is alleged to have removed certain letters from said premises - Even if Petitioner picked up letters lying on the floor of the part of the house in possession of the Respondent No.2, the dishonest intention, of causing wrongful gain to herself or any other..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Offence u/s 366 IPC, Ss.5(I), 6 of POCSO Act and S.9 of Child Marriage Act - PW2, PW7 & PW8 are crucial witnesses - If the witnesses are not cross-examined, evidence stands un-rebutted and it would amount to a case of no defence resulting in grave prejudice to accused - More so, PW2/victim..........
Indian Penal Code, 1860, Section 420, 403 -- Failure to pay rent - May have civil consequences but not a penal offence - FIR quashed...........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 147, 148, 149 -- Murder - Accused Nos.1 to 3 were identified by eye witnesses and injured eye witnesses - There are no major/material contradictions in the deposition of eye witnesses and injured eye witnesses - Merely because witnesses were relatives of deceased, their evidence cannot be discarded solely on that..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 147, 148, 149 -- Murder - Overt acts of accused Nos.4 to 11 are different than that of accused Nos.1 to 3 - Case of accused Nos.4 to 11 is not comparable with case of accused Nos.1 to 3 - Moreover, findings recorded in respect of acquittal of accused Nos.4 to 11 are on appreciation of evidence on record and view..........
Indian Penal Code, 1860, Section 302, 394, 411, 120B, 34 -- Murder - Testimony of sole eye witness - Time mentioned in the FIR and stated by PW1 has a remarkable difference and it is a major contradiction in the statement of alleged eye witness - Motive of crime has neither been alleged nor proved - Evidence of PW1 does not have a ring of truth - Source of light though..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 466, 468, 471, 167, 218, 120B -- Discharge - At the stage of charge, Court is not required to consider pros and cons of case and to hold an enquiry to find out truth - Marshalling and appreciation of evidence is not in the domain of Court at that point of time - What is required from Court is..........
Indian Penal Code, 1860, Section 307, 325 -- Nature of offence - Intention of accused to do away with life of PW1 not established - Recovery of knife at the instance of accused not established beyond reasonable doubt - Said knife not sent for examination for opinion of doctor - Doubt as to whether injury was caused with knife or with any other object - However, prosecution..........
