Indian Penal Code, 1860, Section 302,376(2)(f),201, Evidence Act, 1872, Section 106 -- Rape and murder - Duty of accused to explain incriminating circumstance proved against him while making statement u/s 313 CrPC - Keeping silent and not furnishing any explanation for such circumstance is an additional link in the chain of circumstances to sustain charge against him -..........
Indian Penal Code, 1860, Section 302,376(2)(f),201 -- Rape and murder - Rarest of rare case - Accused committing rape and murder of his own 4 years daughter - Death sentence awarded - Sustainability - Case does not fall within rarest of rare cases - Held, considering nature of offence, age and relationship of victim with appellant and gravity of injuries caused to her,..........
Indian Penal Code, 1860, Section 304B,201 -- Dowry death - Conviction - Sustainability - No evidence to show that demand of any dowry was made rather demand was of arranging some rupees for procuring job - No witness stated that this was dowry related demand - Evidence of PW 5, daughter-in-law of informant, is at variance with her evidence in Court - No evidence on record..........
Criminal Procedure Code, 1973, Section 437, Indian Penal Code, 1860, Section 396, 397, 201, 120B -- and 34 - Bail - Offence u/ss 396, 397, 201, 120-B and 34 IPC - Name of applicant came in course of investigation from co-accused - No recovery made from the applicant - Held, case for grant of bail is made out - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 328, 201 -- Grant of bail - Murder - Petitioner refused to get married to deceased - He committed suicide - No evidence on record that petitioner committed murder of deceased - On body of deceased, only one injury measuring 1 cm x 1 cm at the top of mid of occipital bone was found - Mobile..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 201(1) -- Dishonour of cheque - Jurisdiction - Return of complaint - Cheque was presented for collection at Bangalore and legal notice was also issued at Bangalore - Held, place where cheque was presented for collection would not be decisive on the question of jurisdiction - Complaint..........
Indian Penal Code, 1860, Section 304B, 201, 34 -- Mother-i, law - Allegations against mother in law not specific rather allegations are vague - No specific allegation regarding harassment to the deceased attributed to mother-i, law - No allegation that demand of dowry was made by family members at time of marriage or thereafter - Otherwise also, articles/appliances alleged..........
Criminal Procedure Code, 1973, Section 201 -- Magistrate having no jurisdiction - Provision of S.201 Cr.P.C. is mandatory which provides that if Magistrate is not competent to take cognizance of offence where the complaint is in writing, Magistrate shall return the same for presentation before the proper forum with endorsement to that effect...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Cases resting on circumstantial evidence - Defence set up by accused that deceased died out of accidental fire in house - No body, other than deceased suffered burn injuries and none of inmates of house suffered a scratch of injury even though defence case that everybody was in house at time of accidental fire when..........
Indian Penal Code, 1860, Section 302, 201 -- Murder and causing evidence to disappear - Accused allegedly killed his wife by assaulting her with lathi and buried dead body in dry portion of pond located in his compound - No injury mark on dead body thereby believing and falsifying prosecution version that death was result of assault by lathi - No explanation furnished by..........
