Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 494, 420, 120B -- Anticipatory bail - Bigamy - Cheating - Criminal conspiracy - Second marriage by husband during subsistence of his first marriage - Although husband stated that he had made complainant/wife and other members of her family fully aware about his marital status and that complainant..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Mere recovery of `Datar' (on which no kind of identification was carried out for blood stains etc.) - Would not justify the finding of guilt...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Conduct of witnesses is inexplicable and incredible as if they had seen the blow being inflicted their first duty would have been to step forward to intercede - Even, after informing the father, they did not go back to see the condition of deceased but rather..........
Indian Penal Code, 1860, Section 302, 294(b), 147, 149 -- Murder - Prior enmity between parties with regard to property - Deceased was allegedly attacked by accused with hands and legs - PW2 eye witness did not support prosecution case - Post mortem certificate of deceased shows that deceased died due to heart attack - Manipulations done in FIR - Delay in registering FIR..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 120B -- Summoning of additional accused - As per I.O. said accused was not present at the place of occurrence at the time of incident - Additional accused summoned without considering evidence collected by I.O. - Order summoning additional accused set aside - Matter remitted for decision..........
Indian Penal Code, 1860, Section 376, 380, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Marriage between accused and prosecutrix - Even if parties settled their matter and have entered into a matrimonial alliance, offence in question cannot be quashed in exercise of power vested in Court u/s 482 Cr.P.C - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 323, 313, 34 -- Bail - Offence u/ss 342, 323, 313, 34 IPC - As per the doctor, who has conducted ultrasound on person of prosecutrix, pregnancy was non-viable - Allegation of complainant that pregnancy was terminated, is yet to be established during course of trial - Trial in the case is not..........
Indian Penal Code, 1860, Section 302 -- Murder - Parole - Punishment of life imprisonment till death - Since claim of parole is concession and not a privilege and concessions have to be worked reasonably - Therefore, parole of 6 weeks is granted with conditions as required in Jail manual including security...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Mere fact that there used to be quarrel between accused and deceased, as deceased was unhappy with accused returning home late or eating outside due to his work, cannot be considered as harassment or cruelty as contemplated u/s 498-A IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere allegation of harassment without any positive action in proximity to time of occurrence on part of accused that led a person to commit suicide, conviction in terms of S.306 IPC will not be sustainable...........
