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...........
Indian Penal Code, 1860, Section 397 -- Offence u/s 397 IPC - If charge of committing offence is alleged against all accused and only one among offenders had used firearm or deadly weapon only such of offender who has used firearm or deadly weapon alone would be liable to be charged u/s 397 IPC...........
Indian Penal Code, 1860, Section 392, 397 -- Offence u/ss 392, 397 IPC - All three accused had taken part in committing robbery, but only co-accused had used firearm - Said firearm was seized from possession of co-accused from his disclosure in the presence of witnesses - Offence against co-accused is proved - There was neither any allegation apart from a stray sentence..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - It is clear from evidence on record that there was a dispute with regard to pathway - Incident occurred in a sudden quarrel on the day of occurrence without any pre-mediation or preplanned manner - Accused filed a civil suit and obtained injunction orders and inspite of the same, for violation..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 341, 34, Arms Act, 1959, Section 27 -- Bail - Attempt to murder - Offences alleged against accused are serious in nature - There is history of enmity between parties - Accused has been named in eight cases and thus, he has criminal antecedents - Accused had absconded for a period of seven..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 118 -- Cruelty to woman - Husband and mother-in-law treated deceased with cruelty and harassed her for dowry resulting in her suicide by drowning herself in pond - Parents, uncle and neighbour of mother of deceased deposed that she told them about cruelty with demand of money - Married woman does not..........
