Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Amorous relationship between deceased and her cousin is evident from the depositions of PW1, PW2 and PW4 - Deceased was married to accused and soon after marriage she was gifted with a son - Accused after marriage started accusing deceased of immoral character and on being physically assaulted..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - Age of prosecutrix found to be above 18 years - Prosecutrix had gone along with accused willfully and remained with him for weeks together with her consent - Prima facie case of bail is..........
Indian Penal Code, 1860, Section 302 -- Murder - Sudden fight - Only one single injury on head of deceased proved fatal and led to unfortunate death of deceased - It appears that injury was caused in sudden fight at spur of moment and accused did not take undue advantage - Held, offence committed is punishable u/s 304 Part-I and not u/s 302 of IPC - Appeal partly, allowed...........
Indian Penal Code, 1860, Section 420, 406, 120B, Negotiable Instruments Act, 1881, Section 138 -- Offence u/ss 420, 406, 120-B IPC - Quashing of FIR - FIR cannot be quashed merely on the ground that complaint u/s 138 of N.I Act is filed, particularly when police has found material to present challan against petitioner showing his involvement in conspiracy - Petition for..........
Indian Penal Code, 1860, Section 420, 406, 120B, Negotiable Instruments Act, 1881, Section 138 -- FIR u/ss 420, 406, 120-B IPC and complaint u/s 138 of N.I. Act - Where legally enforceable liability is incurred, despite being based on fraud, such liability remains legal and valid against person who had played fraud - In that situation, person would definitely be liable for..........
Indian Penal Code, 1860, Section 304(Part I) -- Culpable homicide not amounting to murder - Gunshot injury - Deceased suffered only one injury on interior aspect of thigh by A-1 - Entry wound was on back of left thigh of deceased - There is no blackening, charring on exit wound - If A-1 was having intention to commit murder of deceased and used fire arm for that purpose,..........
Indian Penal Code, 1860, Section 304(Part I) -- Culpable homicide not amounting to murder - PW1 is an eye witness of incident - However, PW1 has given a general and omnibus statement about assault upon deceased as well as to himself by accused, which is not even duly corroborated by medical evidence - Neither deceased nor PW1 had any injury caused by sharp edged weapon -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Naming witness - No requirement in law that other witnesses should name a particular witness...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9 -- Murder - Identification of accused - Witness saw all accused persons coming down from stair case and running - Enough time for witness to memorize faces of accused - More so, there was good day light at the time of incident - Hence, in the absence of cross- examination on issue as to capacity of witness..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9 -- Murder - Identification of accused - Admissibility - Fact that deceased named four persons who threatened him with serious consequences to his father-in-law and the same persons were identified by an independent witness - It is a strong piece of corroboration and hence, admissible as legal evidence...........
