Indian Penal Code, 1860, Section 498A -- Cruelty - Words stated by sister-in-law to informant/wife that they would get her husband married to someone from a higher caste and that a divorce could easily be arranged, do not establish cruelty as contemplated u/s 498-A IPC, as there is no demand of money, dowry or cruelty driving her to commit suicide as per S.498-A IPC -..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death of deceased within 7 years of marriage - Deceased died under unnatural circumstances by burn injuries - However, prosecution has not been able to prove that deceased was subjected to cruelty soon before her death as there was no ante mortem injuries found on body of deceased - There is no mention of any mental..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of witnesses - Presence of eye witness at the spot is wholly impractical, conduct inconsistent and against the normal human behaviour - Last seen witness had known the deceased earlier, however, he had given his statement to Police u/s 161 Cr.P.C after 17 days of incident - This again casts doubt upon veracity of..........
Indian Penal Code, 1860, Section 302 -- Murder - Merely on the basis of recovery at the site of incident of a wheel spanner, which according to prosecution has fingerprints of appellant on it and three pairs of slippers would not be enough for holding appellant guilty of having caused the death of deceased - Appellant acquitted...........
Indian Penal Code, 1860, Section 279, 304A, 427 -- Rash and negligent driving - Testimony of eye witness/PW5 - PW5 neither identified truck which is alleged to have hit deceased nor identified petitioner as driver of said truck - Evidence of PW5 cannot be taken as sufficient to connect petitioner to be driver of offending vehicle - I.O. has not been examined as a witness -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 420, 406, 120B -- Bail - Cheating - Case against petitioner is based on documentary evidence which is part of challan - There can be therefore no risk of petitioner tampering with the evidence - Moreover, charges have not yet been framed - Prosecution has cited 46 witnesses and will be..........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Mere death of deceased being unnatural in matrimonial home, though within seven years of marriage, will not be sufficient to convict accused, who is mother-in-law of deceased u/ss 304-B, 498-A IPC...........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Allegation against mother-in-law - None of witnesses stated about cruelty or harassment to deceased by appellant or any of her family members on account of demand of dowry soon before death or otherwise - Rather harassment has not been narrated by anyone - It is only certain oral averments regarding..........
Criminal Procedure Code, 1973, Section 167(2), Official Secrets Act, 1923, Section 3, 4, 5, Indian Penal Code, 1860, Section 120B -- Default bail - Offence u/ss 3, 4, 5 of Officials Secrets Act and u/s 120-B IPC - S.3 of Officials Secrets Act, prescribes maximum punishment up to 14 years - There is no minimum punishment provided under the said provision - Punishment..........
Indian Penal Code, 1860, Section 323, 342, 394 -- Offence u/ss 323, 342, 394 IPC - Applicants have abused and assaulted complainant and his companions merely because his car got rubbed with vehicle in which applicants were travelling - Version of complainant is supported by medical examination reports of injured persons - Applicants also damaged mobile phone of complainant..........
