Indian Penal Code, 1860, Section 498A, 323, 504, 506, 406, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Matrimonial dispute - Compromise arrived at between parties - Chance of ultimate conviction is bleak - No useful purpose is likely to be served by allowing a criminal prosecution against..........
Indian Penal Code, 1860, Section 302, 448, 34, Evidence Act, 1872, Section 3, 154 -- Murder - Plea of accused that recovery of weapon would stand vitiated as panch witness turned hostile - Held, not tenable - As evidence of I.O. can be relied upon to prove recovery even when panch witnesses turned hostile...........
Indian Penal Code, 1860, Section 302, 448, 34, Criminal Procedure Code, 1973, Section 156 -- Murder - Plea of accused that only Circle Inspector of Police is authorised to conduct investigation and not PSI - Not tenable as in absence of Circle Inspector, PSI has power to investigate the cases registered including the one u/s 302 IPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 34 -- Bail - Abetment of suicide - Petitioner is a lady and she is behind bars for the last 20 years - Bail granted without going into merits of case...........
Criminal Procedure Code, 1973, Section 482, 156, 200, Indian Penal Code, 1860, Section 420 -- Quashing of criminal proceedings - After execution of agreement to sell and payment of complete consideration amount, original complainant came to know that disputed property was mortgaged with bank and hence he filed case for cheating - However, complainant himself paid mortgage..........
Indian Penal Code, 1860, Section 302 -- Murder - Death by burning - Merely because can containing kerosene not sent to FSL, it cannot cast a reasonable doubt in prosecution case, when dying declaration of deceased is on record...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Death by burning - Dying declaration - Deceased sustained 92% burn injuries - Deceased was in a fit state of mind before recording her Dying declaration as per medical officer - Dying declaration was recorded by PW7 and deceased stated that her husband pored kerosene oil upon her and set her..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Oral statements of PWs and documentary evidence in the shape of letters written by deceased to her father not supported prosecution case - There is no inference of any demand of dowry in such letter as well - Prosecution failed to prove either demand of dowry or that any such demand was raised soon before her death -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Single gu, shot injury - Incident occurred when there was heated altercation between both the parties - Accused caused single gu, shot injury to deceased that too on being instigated by co-accused who is already acquitted by trial Court - It cannot be held that accused intentionally caused gu, shot..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 415 -- Quashing of order - Order taking cognizance - Offence u/s 415 IPC - Trial Court took cognizance upon protest petition - While allowing protest petition, trial Court examined CW1 to CW4, who have narrated all ingredients, which prima facie disclose offence for which Court below has taken..........
