Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 504, 505(1)(c), 509, Tamil Nadu Prohibition of Women Harassment Act, 2002, Section 4 -- Anticipatory bail - Outraging modesty of women on facebook - Controversial post on facebook degrading women journalists - Amounts to violation of constitutional rights of women - Bail rightly rejected...........
Indian Penal Code, 1860, Section 304, 308, 323 -- Offence u/ss 304, 308, 323 IPC - FIR lodged promptly - Three witnesses of facts specifically stated that accused committed crime - Statement of injured eye witness/PW7 being son of accused fully corroborated by medical evidence - No major discrepancy found in testimony of PW7 and his presence on the scene of occurrence..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Last seen together - Time lag between the occurrence of death and when accused was last seen in company of deceased, is considerably large - When time-lag is considerably large, it would be safe for Court to look for corroboration - No corroboration forthcoming - In..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Dowry demand - Allegation against parents of A-1 - A-1 attacked his wife brutally with aruval - Letter was sent by wife to the office of Chief Minister and inquiries were conducted by police - However, no complaint was made by wife or her parents regarding any dowry related harassment - Moreover, couple used to live..........
Indian Penal Code, 1860, Section 498A, 406, 323 -- Cruelty - Entrustment of streedhan - Marriage between parties dissolved by USA Court - Husband came to India to avoid liability of maintenance as imposed by USA Court - No cogent material on record that accused while in India harassed or humiliated complainant on account of demand of dowry or treated her in such a manner..........
Indian Penal Code, 1860, Section 498A, 323, 34 -- Cruelty - Allegation against cousin brother-in-law - Plea of separate residence - Quashing of FIR - Specific allegation against applicant that after death of husband of respondent, he along with her i, laws was harassing and treating her with cruelty - Respondent was beaten by applicant and other co-accused and has been..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 448, 34 -- Quashing of summoning order - Offence u/ss 448, 34 IPC - Charge-sheet and its annexure were not available before trial Court, when impugned summoning order was passed - Since the charge-sheet also records the role of petitioner though to limited extent, it was incumbent on trial Court..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident took place near tubewell where both the parties assembled to settle land dispute - Both the parties were unarmed - There was exchange of words between parties, as a result accused went inside the room and brought an axe and caused head injuries to deceased - No evidence on record as to who..........
Evidence Act, 1872, Section 8 -- Motive - Offence u/ss 304(Part II), 323 IPC - When prosecution has proved occurrence by direct evidence of PW6, who is husband of deceased and after close scrutiny, his evidence is relied in spite of relationship with deceased, lack of proof of motive becomes minimal...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/ss 304(Part II) IPC - Assault made by accused on the head of deceased having no intention - But knowledge of accused is there to the effect that injuries would likely cause death - Evidence of doctor coupled with seizure of lathi corroborates the prosecution case - Offence u/s 302 Part II IPC proved against accused..........
