Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Conviction u/s 306 IPC not sustainable on allegation of harassment without there being any positive action proximate to time of occurrence on the part of accused, which led or compelled person to commit suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - In order to bring a case within the purview of S.306 IPC, there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigation or by doing certain act to facilitate the commission of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation against brother-in-law - No evidence on record that deceased committed suicide due to continuous threats by accused regarding his being implicated in a false case of dowry - Evidence does not disclose that accused instigated deceased to commit suicide - Neither there was a provocation nor..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 302 - - Circumstantial evidence - PW4, brother of deceased accompanied deceased to Mela on fateful day and identified the accused, who took away deceased from Mela - Investigation revealed headless body of deceased in bushes - Trial Court rightly recorded guilt of accused which was affirmed by High Court by applying..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 302 - - Death sentence - Accused specifically stated that he denied proper legal assistance in the matter and he is a manhole worker aged about 50 years - There is no finding recorded by Courts below to the effect that there is no possibility of reformation of accused - Reasons assigned by trial Court as confirmed by..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Testimonies of parents of deceased that physical beatings and torture to deceased at the hands of accused were given, negated by report of medical experts - Recovery of suicide note itself was doubtful - Though death occurred in unnatural circumstances, but there is no evidence of demand of dowry by..........
Indian Penal Code, 1860, Section 304B -- Essentials of S.304-B are : (i) the death of a woman must have been caused by burns or bodily injury or otherwise than under normal circumstances; (ii) such death must have occurred within seven years of her marriage; (iii) soon before her death, the woman must have been subjected to cruelty or harassment by her husband or any..........
Indian Penal Code, 1860, Section 419, 170 -- Offence u/ss 419, 170 IPC - Accused was convicted u/s 170 IPC - No justification for convicting accused u/s 419 IPC - Conviction u/s 419 IPC set aside...........
Indian Penal Code, 1860, Section 53 -- Death sentence - Can be imposed only when alternative option is unquestionably foreclosed...........
Indian Penal Code, 1860, Section 376, 302, 201 -- Rape and murder of 9 years old girl - Death sentence - Accused dragged girl aged 9 years into a sugarcane field, raped her and dumped her in a well - Cause of death according to medical evidence was signs of recent sexual intercourse with death due to drowning - Manner of commission of crime is extremely brutal - However,..........
