Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Unlawful assembly - Evidence of injured eyewitness shows that appellants were part of unlawful assembly which committed murder and also caused injury to him - Though he was extensively cross examined, his testimony in this regard could not be shaken - Prosecution proved guilt of accused beyond reasonable..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Deceased died within 2 months of her marriage due to burn injury - However, none of witnesses i.e PWs 1 to 7 has ever stated in their respective testimony that deceased was subjected to cruelty by appellants - Rather PW1 to PW4 stated that deceased was having good..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Mere irregularity and administrative lapses in official decision making particularly in day to day functioning of municipal bodies does not ipso facto attract rigors of criminal law - Offences in question are grave and require clear..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Death occurred 15 days after the incident - Neither cause of death mentioned in post-mortem report nor evidence of PW17 prove that injuries inflicted upon deceased resulted in his death - Medical evidence creates a serious doubt as to whether injuries allegedly inflicted by respondents caused death..........
Indian Penal Code, 1860, Section 302 -- Murder - Allegation that all appellants had beaten deceased with axes and sticks, after sprinkling chilli powder in the eyes of deceased - However, during postmortem examination, only four injuries were found, and Doctor did not find any chilli powder on the body or in the eyes of deceased - Scene of offence panchanama also does not..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Allegations against relatives of husband - No substantial and specific allegations made against petitioner other than stating that they instigated accused No.1 in harassing complainant by demanding more dowry - Reason for..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Indian Penal Code, 1860, Section 323, 504 -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act and Ss.323, 504 IPC - No allegation that applicant abused informant by using casteist words - Ingredients of an offence under SC/ST Act not made out - But there is an allegation that..........
Indian Penal Code, 1860, Section 307, 498A, 324, 326 -- Attempt to murder - Injured sustained four injuries out of which three were found to be simple in nature and one injury was found to be grievous and dangerous to life - Therefore, offence u/ss 307, 326 IPC is clearly made out against appellant and trial Court has rightly convicted appellant for offence u/ss 307, 326..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - None of PWs is eye witnesses to occurrence - PWs has not actually seen petitioner driving vehicle prior to accident or even on the date of occurrence - Knowledge of PWs about involvement of petitioner in alleged occurrence is hearsay in nature - PWs came to know about it after enquiring from others..........
Indian Penal Code, 1860, Section 376 -- Rape - Only a man can commit rape within the meaning of S.376 IPC - There is thus, no scope to incorporate commission of rape by woman u/s 376 IPC...........
