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...........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption u/s 113-A of Evidence Act - Injuries on body of deceased were on both sides whereof explanation that she had fallen from a wooden ladder was not found convincing - Contradictions were found in statements of witnesses who have stated that wooden ladder which was being..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Reduction of sentence - Accused is in jail since 2016 and has no previous criminal history - Father of accused is aged about 80 years and there are two minor daughters to be looked after by accused as single parent after death of his wife - Sentence of accused thus, reduced to 5 years...........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder of wife by husband - Accused poured kerosene oil on deceased and also set her ablaze by match stick - Merely because thereafter accused might have tried to extinguish fire, that will not bring the case out of S.300 Fourth Clause IPC - Accused rightly convicted...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 498A, 34 -- Two dying declarations - Murder of wife by husband - Deceased in her second dying declaration categorically stated that at the time when she gave first statement that it was a case of accident, she was given threats by accused that he will kill her children also - She also stated in second..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - Informant/PW1 stated that wife of deceased/PW3 disclosed to him on phone that accused killed her husband - PW3 in her deposition stated that accused woke her up in midnight and told her that he assaulted her husband with axe - Said..........
