Indian Penal Code, 1860, Section 306 -- Abetment of suicide - If accused kept on irritating or annoying deceased by words or deeds until deceased reacted or was provoked, a particular case may be that of abetment of suicide - Such being matter of delicate analysis of human behavior, each case is required to be examined on its own facts, while taking note of all surrounding..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Common intention - Parties were related to each other - Deceased committed suicide with hanging by neck - A-1 continuously addressed or called deceased girl as his wife - Utterance was not merely of teasing but of demanding and destroying of esteem of young girl whose engagement had broken and whose uncle..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of dead body of deceased at the instance of his wife/accused `M' - Recovery of dead body of deceased effected in pursuance of disclosure statement made by accused `R' which was concealed in a house where she was allegedly living with other accused along with deceased and her two..........
Indian Penal Code, 1860, Section 302 -- Murder - Mere fact that no DNA test was conducted to identify dead body, it cannot be stated that dead body was not of deceased, particularly when dead body was recovered on the statement of accused `R'/wife of deceased who stated in disclosure statement that dead body of her husband is concealed under wooden planks in a room which..........
Indian Penal Code, 1860, Section 302 -- Murder - Non-examination of person who translated FIR from Bengali to Nepali Version - FIR was only in respect of information of death - I.O carried investigation de hors version given by informant in FIR - Non-examination of said person does not create any doubt on prosecution case...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Lock of house in which dead body of deceased was found was opened by police for the first time after accused `R' locked house and went to his native village - In absence of any question on these aspects that house was in his possession and no one had access to that house,..........
Indian Penal Code, 1860, Section 279, 337 -- Rash and negligent driving - Photographs showing tyre marks were withheld by prosecution - Available photographs clearly show that there was dent on right side of car so there was no head collusion as alleged by prosecution - Photographs on record shows that after accident jeep went 24 feet ahead and accident occurred in sliding..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Occurrence took place in the spur of moment, while both accused and deceased were under influence of liquor - There was quarrel between them and it was deceased who gave two slap blows to accused - Accused pushed deceased on the ground and dashed a stone on his head, which led to death of deceased -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - Prosecutrix resiled from her statements earlier given to police and Magistrate u/ss 161, 164 Cr.P.C - She has nowhere supported prosecution case - Though guilt, if any, of petitioner..........
Indian Penal Code, 1860, Section 302, 324, 149, 506, 342, 148, Evidence Act, 1872, Section 3, 8 -- Murder - Appreciation of evidence - Oral testimony of material witnesses corroborated by medical evidence - Even, motive of taking life of deceased made out from the incident which happened on earlier date - Findings recorded by Courts below is plausible - Conviction upheld...........
