Indian Penal Code, 1860, Section 498A -- Cruelty - Suicide note - Prosecution has not been able to prove that there was any harassment of deceased on account of any demand for property or any valuable security - None of witnesses have deposed with regard to any demand - Allegation that accused used to beat deceased not established - Further allegation in suicide note that..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n), 204, 328, 384, 506 -- Bail - Offence u/ss 376(2)(n), 204, 328, 384, 506 IPC - Variation in FIR version and statement recorded u/s 164 Cr.P.C., therefore culpability of petitioner yet to be established during course of trial - Bail granted...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused did not act by way of assistance, instigation or conspiracy in abetting deceased to commit suicide - Singular act of physically assaulting deceased - Same not an instance of continuing violence against deceased and it was not of such nature that deceased had no option but to commit suicide - Allegation..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Absence of convincing evidence as to entrustment of dowry articles - Question of misappropriation of dowry articles does not arise - Proof of entrustment is one of the main ingredients of offence of criminal breach of trust to attract an offence punishable u/s 406 IPC...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Proof of entrustment is one of main ingredients to bring home offence of criminal breach of trust so as to attract an offence punishable u/s 406 IPC...........
Indian Penal Code, 1860, Section 498A, 406 -- Offence u/ss 498-A, 406 IPC - No specific allegation of any entrustment of any article having been made to any of accused - No convincing evidence from which an inference could be drawn that complainant was subjected to alleged harassment so as to pressurize and coerce her to meet unlawful demands of dowry of accused - Accused..........
Indian Penal Code, 1860, Section 323, 506 -- Offence u/ss 323, 506 IPC - Vague and unsubstantiated allegations of assault and threat levelled against accused by complainant without specifying time, date or even place where such acts were committed - No medical evidence on record nor any corroborative evidence to attract culpability of any of accused - Complainant not even..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased committed suicide within one year of her marriage by hanging from end of her saree - Dowry was given to accused at the time of marriage, but they demanded further dowry and subjected deceased to torture - Whenever, deceased came to her parental home, she narrated such incidents of torture to..........
Indian Penal Code, 1860, Section 427, 148, Criminal Procedure Code, 1973, Section 320 -- Offence u/ss 427, 148 IPC - Compromise - Matter is compromised between parties - Even otherwise, evidence adduced by prosecution that accused had caused damage to jeep is not very convincing or reliable - Six persons armed with dangerous weapons, one of them having a 12 bore DBBL gun..........
Indian Penal Code, 1860, Section 376 -- Rape - On the pretext of marriage - Mere fact that accused solemnized marriage with some other girl, may not be sufficient to conclude that accused had made false promise to prosecutrix to marry her and such promise was given with no intention to being adhered to especially at the time when it was given...........
