Indian Penal Code, 1860, Section 499, Criminal Procedure Code, 1973, Section 482 -- Defamation - Quashing of complaint - Two defamatory statements were made by accused against complainant - As far as first statement is concerned, it is doubtful whether it would attract ingredients of offence defined u/s 499 IPC as against accused - However, second statement that..........
Indian Penal Code, 1860, Section 306, 498A, 34 -- Abetment of suicide - Cruelty - Deceased committed suicide by pouring kerosene oil and setting herself ablaze - However, there is no satisfactory evidence to prove that accused have caused physical and mental harassment - Contradictions in evidence of PW1, PW2 and PW10 - Evidence placed on record is short of required..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Medical evidence - Doctor who conducted post mortem could not give a definite opinion with regard to cause of death - He had taken the viscera and sent it to analysis to FSL - However, subsequently doctor claimed that cause of death was injuries to brain and deceased had died in coma - Medical evidence is thus, on..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Testimony of eye witnesses - Four persons were examined as eye witnesses - They all maintained a studied silence about incident for over two weeks to almost a month - Only explanation given by them is that since they were threatened by accused that he would finish them also, they kept quiet - Despite the fact that..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Place where dead body was discovered is shrouded in mystery - Inquest report shows that dead body was found hanging on a slope - However, according to PW1, when he reached the spot, he found dead body of his brother/deceased was buried under stones - Place and condition in which dead body was recovered is enigmatic...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Recovery of cell phone of deceased at the instance of accused - Cell phone was never subjected to TIP - Even, there is no evidence on record that said cell phone actually belongs to deceased - Neither last location of cell phone at the instance of accused nor call details of cell phone have been produced by..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Recovery of blood stained sweater at the instance of accused - FSL report with regard to blood stained sweater merely mentions that human blood was recovered - However, it is nowhere mentioned therein as to whose blood it was - Recovery cannot be said to be cogent and convincing evidence which would connect accused..........
Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504, 506 IPC - Quashing of summoning order - Complainant deliberately suppressed material fact that a charge sheet was already filed by accused against him in relation to same incident - Suppression of material facts before a Court amounts to abuse of process of Court - Moreover, there is delay of 6 years..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 307, 323, 342, 147, 148, 149, 508 -- Cancellation of bail - Double murder case - Accused granted bail on basis of parity with co-accused - However, bail granted to co-accused was cancelled - Since bail was sought by accused on a footing of parity, bail granted to accused also stands..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 304-B, 498-A and Ss.3, 4 of 1963 Act - No proof of demand of dowry - Accused rightly acquitted...........
