Indian Penal Code, 1860, Section 363, 342, 377 -- Kidnapping - Unnatural offence with 3-1/2 year old child - Victim was subjected to traumatic and brutal sexual assault by accused - He was seen in the company of accused during day after he went missing from outside his house - He was recovered from room of accused which was locked from inside and opened by accused himself..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note handwritten - Accused acquitted as : (i) Only signatures tallied; (ii) Entire scription not compared with handwriting of deceased; (iii) Prosecution failed to prove that contents of suicide note were also written in the handwriting of deceased; (iv) There was no standard signature on the suicide..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere initiation of matrimonial litigation by accused/wife against deceased as well as his family members do not constitute and prove abetment on her part, particularly when she was residing separately at the time of incident - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Unlawful assembly - Testimony of eye witnesses - Accused many in number came to the house of deceased with deadly weapons like swords, knife, motor cycle chain and sticks etc. - Brother of deceased/PW2 being unarmed would have naturally become frightened and may not have dared to interfere - Evidence of eye..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Unlawful assembly - Recovery of weapons - Swords were recovered on the disclosure statements of accused persons - Chemical Analysis Report showed that blood-stains found on the quilt seized from the scene of occurrence was that of blood group `A' - `A' blood group was also detected on swords which were..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Unlawful assembly - Deceased sustained as many as 26 injuries - Eye witnesses consistently spoke about incident that accused were armed with deadly weapons - Overt acts of accused is corroborated by medical evidence and also by recovery of weapons - Presence of mud on thighs and legs does not raise doubt about..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused suspected his wife to be involved in extra martial relation with another person of village for which villagers also used to tease him and due to such disgraceful remarks he got agitated and suddenly struck his wife's head causing bleeding injury resulting into her death - Even after assaulting..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Place of occurrence - PWs saw the dead body of deceased lying in Courtyard of her house - While PW9, son of deceased saw dead body of his mother on bank of tank - However, courtyard and bank of pond is adjacent to each other as per map - Place of occurrence as evident from FIR is in front of..........
Indian Penal Code, 1860, Section 302, 34 -- Conviction - Murder - Circumstantial evidence - Benefit of doubt - Testimony of sole-witness, not reliable - TIP done after two weeks of arrest of accused - Contradiction in identification and arrest of accused - Finger prints found on liquor bottle not matched with that of accused - Recovery of knife from an open `nala' which..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry Death - Cruelty - Framing of charges - Marriage of deceased with accused took place two years before the incident - Death of deceased thus, occurred within 7 years of marriage - Relatives of deceased stated that deceased had been subjected to harassment by her i, laws, therefore, Court may presume that such person had..........
