Indian Penal Code, 1860, Section 304B, 498A, 302, 34 -- Dying declaration - Dowry Death - Cruelty - 85% burn injuries - Deceased last resided with accused persons in her matrimonial home - Deceased was admitted in hospital by her brother and not by accused, as they absconded from place of incident - Statements of PWs and dying declaration indicates that she was taunted,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 302, 498A, 34 -- Bail - Dowry death - High Court granted bail to accused relying upon alleged suicide note recovered from dressing table - Complainant submitted that findings of High Court placing reliance upon alleged suicide note would prejudicially affect interest of complainant in..........
Indian Penal Code, 1860, Section 302, 394, 411, 34, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Version of facts stated in dying declaration are in enormous conflict with facts stated by eye witness and also location shown in site plan - Out of four eye witnesses cited by prosecution, three did not support prosecution story - Three independent witnesses..........
Criminal Procedure Code, 1973, Section 482, 228, Indian Penal Code, 1860, Section 302, 34 -- Quashing of charges - Murder case - There is sufficient ground for proceeding against accused and frame charges against accused - At the stage of framing charge, Court is not required to hold an elaborate enquiry, only prima facie case is to be seen - High Court committed error in..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Cognizance of offence - Direct allegation on record that death was caused due to assault by accused and others - Though same does not find corroboration from medical evidence only to extent that doctor did not find any external injury on person of deceased and no poisonous substance was found during forensic examination..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - In the Court entirely new story developed which is inconsistent to the FIR - Both are contradictory - Statement of PW1 is not wholly reliable - Statements of PW4 and PW2 are also not inspiring confidence - There is no evidence as to how deceased was cremated - There is no recovery of any instrument or weapon of offence -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of prosecution witness found credence upon recovery of weapons as per disclosure statement of accused persons - Testimony of witnesses and complainant clearly establishing death of deceased due to injuries sustained by him - Guilt of accused established beyond reasonable doubt - Conviction upheld...........
Indian Penal Code, 1860, Section 304B, 498A, 406, 302, 201, 34, Evidence Act, 1872, Section 138 -- Offence u/ss 304B, 498A, 406, 302, 201, 34 - Re-examination of witnesses - Failure by Public Prosecutor - Such omission by public prosecutor only amounts to lapse on his part and does not affect the case of prosecution, when corroborated with other evidence available on..........
Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3 -- Murder - Failure of prosecution to examine public witnesses - Is of no consequence in view of clear and consistent testimonies of eye-witnesses...........
Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3, 8 -- Murder - Appeal against acquittal - Motive - Appreciation of evidence - Witnesses have been inconsistent on numerous material aspects as neither the victims of the first incident can be clearly identified nor the members of the party who went to lodge the complaint with the father..........
