Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witnesses PW4, PW5 and PW6 were declared hostile - These eyewitnesses during their depositions had stated that four or five persons came and attacked deceased - Post-mortem report identifies 26 injuries on the body of deceased, which are unlikely to be caused by a sole assailant and is more probable to be a result of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere harassment or cruelty in the remote past cannot ipso facto amount to instigation or abetment to commit suicide unless conduct is proximate to act of suicide...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Vague statement made by PW4 that accused used to tell deceased to `go and die', cannot be taken into consideration and rightly discarded, particularly when PW4 failed to disclose as to when accused had asked deceased to `go and die'...........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 106 -- Abetment of suicide - Accused stated in his statement u/s 313 Cr.P.C. that he was not at home at the time of incident - No evidence has been led by prosecution to rebut such assertion - Thus, no adverse inference can be drawn - Appellant acquitted...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide Incidents relied upon are stale and disconnected from the act of suicide - Material omissions in statements u/s 161 Cr.P.C. raise doubt on credibility of PWs - S.106 of Evidence Act cannot be pressed in aid due to lack of proximity or presence of accused - Conviction and sentence set aside - Appellant..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 387, 427, 452, 504, 506, 143, 147, 149 -- Anticipatory bail - Offence u/ss 323, 387, 427, 452, 504, 506, 143, 147, 149 IPC - Allegations against accused are grave in nature - There was an imminent need for custodial investigation of accused - Apparently, incident recorded in FIR was a..........
Indian Penal Code, 1860, Section 342 -- Wrongful confinement - For wrongful confinement, it is not necessary that victim must be immobilized by tying his hands - Confinement within a room also would suffice in order to make out a prima facie case for framing charge for offence u/s 342 IPC...........
Indian Penal Code, 1860, Section 323, 342, 34 -- Offence u/ss 323, 342, 34 IPC - Statement of prosecutrix in FIR is clear and specific pertaining to allegations of wrongful confinement as well as voluntary hurt by way of beatings, as was done by both accused with a common intention - In the statement, expression "common intention" need not be explicitly stated and the same..........
Indian Penal Code, 1860, Section 451 -- House trespass - Acquittal - Appreciation of evidence - Prosecutrix made the consistent statement that she herself allowed the respondent to enter the house - Therefore, respondent did not committed the offence of house trespass - Acquittal upheld...........
Indian Penal Code, 1860, Section 506 -- Criminal Intimidation - Acquittal - Appreciation of evidence - Prosecutrix made the consistent statement that she immediately ran away from her house on being sexually assaulted by accused -Accused had no time to make threat if prosecutrix had immediately left on being sexually assaulted by accused by pushing the accused -..........
