Indian Penal Code, 1860, Section 306, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Abetment of suicide - Material indicates that several complaints were filed by deceased - Last of them was filed few days before suicide - Accused allegedly taken loan of Rs.5 lakhs through fraudulent means in the name of deceased and an..........
Indian Penal Code, 1860, Section 302, 34 -- Murder of wife - Allegation against parents of husband - Presence of accused at the spot is not established or even alleged by any of PWs - A charge cannot be framed solely on a presumption that their presence is neither confirmed nor ruled out - For framing a charge, grave suspicion is required to be shown by prosecution of..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Allegation against parents of husband - Unnatural death occurred within 7 years of marriage - Family members of deceased categorically stated that demand for dowry was raised by not only husband but also present accused - There are averments of family members of deceased that soon before death of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Bail - Abduction and rape - Prosecutrix is major and married lady and she lived with accused for about 3 to 4 years as per own free will - Relations between prosecutrix and accused were..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 420 -- Compounding of offence - Cheating - Merely because offence is compoundable still discretion can be exercised by Court having regard to nature of offence - As offence in question has its own effect on society at large, no infirmity in order rejecting application for compounding - However,..........
Indian Penal Code, 1860, Section 302, 452, 114, 504 -- Murder - Death by burning - Deceased in her earlier dying declaration attributed overt act only to co-accused and she not stated anything about accused - Son of deceased PW12 though attributed bringing of kerosene can to accused but the same is not corroborated by other evidence - Prosecution not examined other son of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34 -- Bail - Murder of husband by wife - Allegation of murder is subject to scrutiny of prosecution evidence on record and under trial detention should not be used as conviction before trial - Moreover, only official witnesses are to be examined and accused may not be in a position to..........
Indian Penal Code, 1860, Section 304(Part II), 109, 203, 97, Tamil Nadu Forest Act, 1882, Section 36A, Arms Act, 1959, Section 3, 25(1B)(a) - - Offence u/ss 304(Part II), 109, 203 IPC, S.36-A, E of 1882 Act and Ss.3, 25(1-B)(a) of Arms Act - Right to private defence - Eye witnesses turned hostile - No evidence on record to prove as to how and in what manner incident..........
Indian Penal Code, 1860, Section 203 -- Offence u/s 203 IPC - Prosecution failed to prove its main case u/s 304(Part II) IPC, offence u/s 203 IPC must also fail - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between two groups of people over digging of earth and incident of assault started - Incident occurred in a fit of anger on sudden provocation due to intervention of deceased during quarrel - Nothing on record to show that there was any such enmity between accused and deceased - No evidence..........
