Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Death by strangulation - Death of deceased occurred in her matrimonial house - Deceased died an unnatural death - Accused is husband of deceased and it was for him to explained as to under what circumstances his wife had died an unnatural death in his house - Although plea of alibi taken by husband in his..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of summoning order - Accused husband filed divorce petition against wife in which he admitted that there is no consummation of marriage - Despite that wife gave a birth to a male child in her parental house as a result of adultery - Accused thus,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of no, bailable warrant - Offence u/ss 323, 504, 506 IPC - Allegations that complainant was abused and given beatings by accused and co-accused over issue of property and that his wrist watch and Rs.1,200 was snatched from him - Accused and co-accused threatened to kill..........
Indian Penal Code, 1860, Section 328 -- Offence u/s 328 IPC - S.328 IPC gets attracted in two possibilities: (i) one of direct administration of anything with an intent to cause hurt or; (ii) indirect causation of a thing to be taken by any person with an intent to cause hurt...........
Indian Penal Code, 1860, Section 328 -- Offence u/s 328 IPC - Mere storage of tobacco and its other forms without any further action and on a contemplation that it would be sold in the market, brought by a person from market and consumed by him is too far fetched consequence of an act of `administering' or `causing to be taken' and fall short of ingredients of S.328 IPC...........
Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - Mere possession or storage of goods, cannot fall within purview of `Danger' contemplated u/s 188 IPC - Goods as long as they remain stored do not pose any danger - Gap between storage and consumption by a consumer will have to be bridged before danger or hurt contemplated u/ss 328, 188 IPC get attracted...........
Indian Penal Code, 1860, Section 302 -- Murder - Gunshot injury being cause of death established by medical evidence - No inconsistency found as to presence of eye witnesses at the location at the time of occurrence - None of two eye witnesses shaken during cross-examination and they had struck to recollection of facts relating to incident - Accused was identified by eye..........
Indian Penal Code, 1860, Section 107 -- Abetment - Active instigation or entering in conspiracy or intentionally aids by any act or illegal omission are conditions precedent for constituting offence of abetment...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide committed by three persons - Informant and PW2 was not present at the place of occurrence either on date of occurrence or in close proximity of time of occurrence - Rather, they received information of untoward happening of bolting door from inside and consuming some poisonous substance resulting death of three..........
Indian Penal Code, 1860, Section 323, 325, 147, 148, 149, 504, 506(2) -- Offence u/ss 323, 325, 147, 148, 149, 504, 506(2) - Cross-cases between parties relating to same incident - Complainant was convicted in cross-case and appeal against the same is pending - Injury caused to complainant by exercise of right of private defence by accused, when assault made by complainant..........
