Indian Penal Code, 1860, Section 228A -- Disclosing identity of victim - Offence u/s 228-A IPC - Victim herself having no objection in quashing proceedings - Proceedings quashed...........
Indian Penal Code, 1860, Section 364A, 386, 342 -- Kidnapping for ransom - Victim clearly and categorically establishes that accused kidnapped him for ransom - Amount asked for Rs.25 lakhs was taken by father of victim and his friend on the very next day to different places then finally was delivered at the spot on the instructions given on mobile phone by accused - Same..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Deceased died unnatural death within 3 years of her marriage along with her child by way of drowning in a river - On the date of incident deceased goes to the house of her sister and also goes to PCO, phones her father and tells about harassment to him - PW4 person..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- FIR - Murder of four persons - Firing by accused at deceased child was stated in the FIR - Omission of minute detail that accused jumped on the abdomen of child cannot be regarded as fatal to prosecution case, particularly when sole eye witness is being grief stricken because of death of..........
Indian Penal Code, 1860, Section 302 -- Murder of four persons - Delay in sending recovered weapons to FSL could only be an omission or lapse on part of I.O - Such omissions or lapses in investigation cannot be a ground to discard prosecution case which is otherwise credible and cogent...........
Indian Penal Code, 1860, Section 302 -- Murder of four persons - Testimony of sole eye witness - Evidence of sole eye witness is corroborated by medical evidence and evidence of ballistic expert - Delay in registration of FIR is properly explained - Recovery of weapon of offence proved on record - Slight variation in description of katta recovered from accused does not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 354, 147, 148, 149, 504, 506, 34 -- Bail - Claiming on parity basis - Offence u/ss 302, 307, 323, 354, 147, 148, 149, 504, 506, 34 IPC - Role of applicants identical to co-accused, who already granted bail - No specific role assigned to applicants - Applicants thus, entitled to be..........
Criminal Procedure Code, 1973, Section 482, 240, Indian Penal Code, 1860, Section 420, 389, 504, 506 -- Quashing of order - Order framing charges - Offence u/ss 420, 389, 504, 506 IPC - Statement of complainant verified and confirmed by statement of his father - Magistrate after discussing evidence on record in detail dismissed the discharge application u/s 239 Cr.P.C -..........
Indian Penal Code, 1860, Section 304B -- Dowry death - It is necessary to show that there was demand of dowry and said demand was immediately before the death...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - No evidence qua demand of dowry and cruelty against deceased - Rather all witnesses stated specifically that there was no demand - Appellant `M' is brother-in-law of deceased and has no motive or reason to demand dowry on behalf of his brother, appellant `D' and his family - Dying declaration found false by..........
