Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 34 -- Two dying declarations - Murder - 100% burn injuries - Deceased in his second dying declaration before doctor named accused as his assailants and particulars of these persons were fully described by him in statement made to PW16 in first dying declaration only few hours before his demise - Deceased..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death by burning - Theory of self immolation as also names of other persons, who allegedly reached spot, having come up by way of cross-examination of PW6 - Burden was on accused to establish such theory by cogent evidence - No such attempt was made on behalf of accused to prove any such fact or to examine any such named..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A -- Bail - Dowry death - Cruelty - Exorbitant demands - Claim for demand not supported by any material evidence - Deceased not coping with stress relating to the examinations and the results - Vivid description as to how deceased had a "loving, caring, hot and handsome husband" - Bail..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note - Allegation in suicide note that accused had beaten deceased a lot that day, not supported by any medical evidence or otherwise - No evidence produced by prosecution to establish that there was any goading, urging or encouragement of deceased so as to constitute abetment to commit suicide - There..........
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 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..........
