Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Death occurred 15 days after the incident - Neither cause of death mentioned in post-mortem report nor evidence of PW17 prove that injuries inflicted upon deceased resulted in his death - Medical evidence creates a serious doubt as to whether injuries allegedly inflicted by respondents caused death..........
Indian Penal Code, 1860, Section 302 -- Murder - Allegation that all appellants had beaten deceased with axes and sticks, after sprinkling chilli powder in the eyes of deceased - However, during postmortem examination, only four injuries were found, and Doctor did not find any chilli powder on the body or in the eyes of deceased - Scene of offence panchanama also does not..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Allegations against relatives of husband - No substantial and specific allegations made against petitioner other than stating that they instigated accused No.1 in harassing complainant by demanding more dowry - Reason for..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Indian Penal Code, 1860, Section 323, 504 -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act and Ss.323, 504 IPC - No allegation that applicant abused informant by using casteist words - Ingredients of an offence under SC/ST Act not made out - But there is an allegation that..........
Indian Penal Code, 1860, Section 307, 498A, 324, 326 -- Attempt to murder - Injured sustained four injuries out of which three were found to be simple in nature and one injury was found to be grievous and dangerous to life - Therefore, offence u/ss 307, 326 IPC is clearly made out against appellant and trial Court has rightly convicted appellant for offence u/ss 307, 326..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - None of PWs is eye witnesses to occurrence - PWs has not actually seen petitioner driving vehicle prior to accident or even on the date of occurrence - Knowledge of PWs about involvement of petitioner in alleged occurrence is hearsay in nature - PWs came to know about it after enquiring from others..........
Indian Penal Code, 1860, Section 376 -- Rape - Only a man can commit rape within the meaning of S.376 IPC - There is thus, no scope to incorporate commission of rape by woman u/s 376 IPC...........
Indian Penal Code, 1860, Section 376, 109 -- Rape - Woman though cannot commit rape, but can still be held liable for abetment u/s 109 IPC - Abetment is separate and distinct offence than rape and if the act abetted is committed in consequences of abetment, then person i.e. man or woman abetting such crime is liable to be punished u/s 109 IPC - Thus, woman and man both can..........
Indian Penal Code, 1860, Section 376, 506II, 190, 34 -- Rape - Names of applicants are not mentioned in the FIR but in the statements of prosecutrix recorded u/ss 161 & 164 Cr.P.C., specific allegations have been leveled against applicants regarding abetment of committing rape by co-accused with prosecutrix - Prima facie it seems that applicants committed an offence u/s..........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Private telephone call between petitioner and de facto complainant and utterance of abusive words in such a call, will not attract necessary ingredient of S.294(b) IPC, as offender has to utter objectionable words in or near any public place...........
