Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - There is no material contradictions in evidence of PW1, who is not only witness of arrest but to disclosure statement and recovery of knife and blood stained clothes at the instance of accused - Evidence of PW1 thus, trustworthy - Motive of crime proved on record - Prosecution proved the guilt..........
Indian Penal Code, 1860, Section 307, 324 -- Nature of offence - Single Farsa blow on account of which though victim admitted in hospital but there is no supplementary report or record to show period of hospitalization or surgery if any conduction on him - In absence of said record, single injury may not be considered to be dangerous to life of victim, particularly when..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Reduction of sentence - Incident occurred about 40 years ago - Accused on bail since 1982 and remained in custody for few days - It will be just and appropriate to sentence accused with R.I for a period already undergone by him with fine of Rs.10,000...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Quashing of proceedings - Implication of applicants No.4 to 6 inspired by malice and allegations made against them are so high improbable which no man of ordinary prudence would like to believe - Continuation of..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Quashing of proceedings - Allegation against bother-in-law (Devar) and sisters-in-law (Nanad) - Wife alleged that her brother-in-law denuded her and torn her clothes and committed rape upon her at the point of pistol with..........
Indian Penal Code, 1860, Section 376(2)(N) -- Rape - Consensual relationship between prosecutrix and accused as per evidence of prosecutrix - Accused was known to prosecutrix from 2013 - Sexual relationship developed between parties - Prosecutrix stayed with accused in the same house even after she got engaged - FIR lodged after delay of more than one year - No video..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Property dispute between parties - Heated altercation took place between accused and his father regarding share of property - When deceased intervened, he sustained fatal injury - Only single injury on chest of deceased was there - Neither injury assaulted to deceased was repeated nor any other..........
Indian Penal Code, 1860, Section 498A -- Criminal Procedure Code (Amendment) Act, 2008 - Issue a writ of mandamus - For a uniform policy of registration of FIR, arrest and bail in cases of S.498-A IPC - Constitutional Bench suggested that preliminary enquiry may be held in matrimonial/family disputes - Offence u/s 498-A IPC being cognizable and no, bailable offence,..........
Indian Penal Code, 1860, Section 302, 148, 34 -- Murder - Plea of false implication - Evidence of eye witnesses clearly proves their presence on the spot and they have witnessed the incident and have given true account - PW10, stated that all accused were sitting together and the fact that PW11 has seen only three persons does not indicate that only three persons were..........
Indian Penal Code, 1860, Section 302, 148, 34 -- Murder - Wife of deceased/PW8 stated that deceased had his meal before starting from residence - However, no food stuff found in stomach of deceased which creates a strong suspicion about evidence of PW8 as per accused - Status regarding food in stomach of deceased becomes relevant when there is a issue regarding time of..........
