Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 11 -- Murder of wife by husband - Plea of alibi - There is overwhelming evidence of PWs which establishes the prosecution case that the accused was at the place of occurrence and ran away therefrom soon after the incident - Moreover, accused unable to explain why he failed to render assistance to his..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 34 -- Summoning of additional accused - Offence u/ss 306, 34 IPC - Petitioners were not named in FIR initially and complainant being wife of deceased has not raised any suspicion towards them - Even perusal of suicide note does not suggest that they had acted in a manner which abetted..........
Indian Penal Code, 1860, Section 376, 506 -- Rape by father-in-law - Prosecutrix alleged that she was suffering from psychological disorder and accused being tantrik committed rape upon her while treating her when she was unconscious by administering `Dhuni' - However, no evidence on record to prove that prosecutrix fell ill and administered any treatment by accused -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 148, 149, 120B -- Out of total 31 prosecution witnesses, 18 witnesses have been examined meaning thereby, all material witnesses have been examined - No specific injury has been attributed to petitioner - Seven co-accused have been already released on bail - Trial may take time to..........
Indian Penal Code, 1860, Section 498A, 342, 323, 506, Criminal Procedure Code, 1973, Section 177 -- Demand of dowry - Jurisdiction - Accused residents of place `J' and marriage was solemnized at place `J' - Allegation in FIR that demand and acceptance of dowry was at place `B' - Held, Court at place `B' has jurisdiction...........
Indian Penal Code, 1860, Section 376(2)(b), 420, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- Rape - Prosecutrix a widow fallen in love with accused and used to reside with him - Parties were in relationship with each other for quite some time and living together till she came..........
Criminal Procedure Code, 1973, Section 321, Indian Penal Code, 1860, Section 304 -- Withdrawal from prosecution - Offence u/s 304(Part I)PC - Death of a person due to falling off under construction Bridge - Inquiry report shows that bridge fell down due to failure of member in compression - In the reports petitioners not held liable - Officials who held liable on bridge..........
Indian Penal Code, 1860, Section 376, 506(i), 450 -- Rape - Testimony of prosecutrix - Prosecutrix instead of informing the occurrence to her parents informed the same to A-2, which is unusual - Though prosecutrix able to depose that accused is known person to her but she informed the doctor that offence committed against her is by an unknown person - More so, no reason..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Neighbours of victim not supported prosecution case and they stated that there was no demand of dowry - Simple injuries were sustained by victim - Victim was subjected to cruelty after 3 months of her marriage not supported by any reliable or independent evidence - Material contradictions between averments made in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 34 -- Bail - Murder - Case of blind murder based on circumstantial evidence - Dead body not identified by complainant - Recovery of knife does not relate with commission of offence - Human blood stated to be found on knife and handkerchief used by deceased but it has not been compared..........
