Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 25 -- Dowry death - Cruelty - Allegation against mother-in-law/A-2 - Confession of A-2 before police is not admissible in law - Reliance upon such confessional statement of A-2 for fastening criminal liability upon her by trial Court not sustainable - A-2 acquitted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 34, Information Technology Act, 2000, Section 66 -- Anticipatory bail - Cheating - Mobile no. used in commission of offence is registered in the name of petitioner - It is for petitioner, who has to explain as to how said number was used for commission of offence - Petitioner not denied..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 380, 457, 109, 166, 166A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d)(iii), 13(2) -- Quashing of proceedings - Offence u/ss 380, 457, 109, 166, 166-A, 120-B IPC and Ss. 13(1)(d)(iii), 13(2) of P. C. Act - Complicity of all accused in the occurrence is stated by LW1 to LW5 - Recovery..........
Indian Penal Code, 1860, Section 302 -- Murder - Defective investigation - No last seen evidence of any person with the deceased was gathered - Character of accused and his relation with deceased was also material but that too was not gathered promptly - There was extraordinary delay in recording statement of witnesses - Investigating officer after registering the FIR did..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Murder - Delay in lodging FIR - Mere delay in lodging of the report may not by itself be fatal to the case of the prosecution, but the delay has to be considered in the background of the facts and circumstances in each case - Unexplained delay in registering the FIR will adversely effects..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 173 -- Murder - Charge-sheet - Investigation into charge sheet only on the basis of hearsay and speculation - Serious lapse and omissions and cast a serious doubt as toe investigative intent...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Illicit relationship - There is no complaint lodged with the police by deceased at any point of time before her death that she was being subjected to physical or mental cruelty consequent upon alleged illicit relationship of accused - Prosecution witnesses not..........
Indian Penal Code, 1860, Section 302 -- Murder - Last seen evidence - In the absence of direct evidences, last seen evidence would be of most importance with regard to inference of guilt of accused in absence of any explanation...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Defective investigation created vast gaps in prosecution story - There is lack of evidence as to extra marital relationship of accused with another woman and accused causing usual altercation with deceased - Prosecution failed to prove motive on the part of accused to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 326 -- Quashing of FIR - Compromise - Offence u/s 326 IPC - Compromise arrived at between parties - Parties are neighbours - Accused armed with wooden logs and sticks at the relevant time - There is nothing on record to show that any dangerous weapons were used in commission of alleged offence -..........
