Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376(D)(A), Protection of Children from Sexual Offences Act, 2012, Section 5(G), 6 -- Bail - Kidnapping and rape - Prosecutrix made no allegation against accused on the day when she was recovered - Subsequently under the pressure of her family she made allegation against accused - Bail..........
Indian Penal Code, 1860, Section 304B, 306, 120B -- Dowry death - Abetment of suicide - Two suicide notes were written by deceased - However, there is no allegation of demand of dowry and harassment at the hands of accused - Evidence of brother and mother of deceased are not free from any doubt and worthy of acceptance - Case does not fall in category where deceased was..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 304B, 498A -- Bail - Dowry death - No injury was found on body of deceased and cause of death was drowning - There was no demand of dowry from complainant party - Accused is in custody since long and trial of case will take time - Bail granted...........
Indian Penal Code, 1860, Section 302, 304PartI -- Nature of offence - Incident occurred half an hour after there was abusive language used by cousin of A-1 with deceased - Accused fired from close range and he was supposed to know that it was so imminently dangerous that it must in all probability, cause death or such bodily injury as is likely to cause death - None of..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Appellant shot the deceased while he was attempting to pluck fruit from defence enclave - Appellant was deprived of power of self control upon sudden provocation by children - There was no calculated intention or pre-meditation on his part to commit murder - Offence committed falls under first except..........
Indian Penal Code, 1860, Section 302, 324 -- Murder - Non-examination of PW `M' is of no consequence, when said witness is not traceable...........
Indian Penal Code, 1860, Section 302, 324 -- Murder - Weapon neither shown to doctor nor shown to appellant during cross examination - Not of such consequence as there is clear medical evidence regarding injury being caused by knife, axe and battle axe...........
Indian Penal Code, 1860, Section 302, 324 -- Murder - Defence of accused is that it was PW1 who was having an evil eye on bhabhi of accused and on the date of incident he visited house of deceased to rape her - However, it is unbelievable as to a person visiting house of deceased with an intention to commit rape while carrying an axe - Moreover, deceased named accused in..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Mere fact that some person had attended marriage without having knowledge that earlier marriage of person getting married was still subsisting would not make him liable for offence u/s 494 IPC...........
Indian Penal Code, 1860, Section 494 -- Bigamy - A person to be held responsible for having abetted or having conspired for commission of offence u/s 494 IPC is required to be attributed not only the knowledge that such person was contracting marriage during the subsistence of his earlier marriage but also that he had taken some steps knowingly for facilitating..........
