Indian Penal Code, 1860, Section 302, 304(Part II) -- Appellant after setting deceased on fire, took the children out of house and had latched the door from outside when deceased was still burning inside - He prevented anybody else to help deceased - Evidence in the form of two dying declarations of deceased and direct evidence of daughter of appellant corroborates the..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Allegation that accident occurred due to rash and negligent act on the part of driver of offending bus - However, material witnesses have not deposed as to rash and negligent act on the part of driver of bus - They have also not deposed as to how accident occurred - They simply stated that..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Offence u/s 498-A IPC is a continuing offence and if act of cruelty continues even while woman is living at her parents house, offence is triable by both Courts in whose territorial jurisdiction act of continuing offence of cruelty has been committed i.e. at matrimonial home or parents house...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482, 178 -- Cruelty - Quashing of summoning order - Lack of territorial jurisdiction - Prima facie evident that mental cruelty was still persisting in wife's mind while she was staying at her parental home as demand for valuables was still being persistently being made by petitioners - On taking..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Fraud if any whether perpetrated at the first instance of valuation, or later is a matter which could be unearthed only after a trial based on evidence led by parties - But, as of now in no circumstances, it can be said that no prima facie case..........
Indian Penal Code, 1860, Section 387 -- Offence u/s 387 IPC - For prosecution u/s 387 IPC, delivery of property is not necessary...........
Indian Penal Code, 1860, Section 387 -- Offence u/s 387 IPC - Putting a person in fear would make an accused guilty of an offence u/s 387 IPC - It need not satisfy all ingredients of extortion as provided u/s 383 IPC...........
Indian Penal Code, 1860, Section 387 -- Offence u/s 387 IPC - Complainant has been put in fear of death by pointing a gun towards him and it was done to pressurize him to deliver Rs.5 lakhs - Allegations of putting a person in fear of death or grievous hurt would itself make him liable to be prosecuted u/s 387 IPC - Order of quashing of proceedings set aside...........
Indian Penal Code, 1860, Section 302, 201, 34, Arms Act, 1959, Section 25(1)(a), 5 -- Offence u/Ss. 302, 201, 34 IPC & Ss.25(1)(a), 5 Arms Act - Conviction - Prosecution failed to prove directions of entry or exit of bullet or explain its inward or outward journey - Even, imprints on pistol have not been matched with accused - Prosecution witnesses testified that accused..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Subsequent conduct - Subsequent conduct of cleaning up the scene and restoring living room in its original shape, although punishable in law, does not become so unnatural that it could be made basis to convict accused for commission of murder without additional evidence to that effect...........
