Indian Penal Code, 1860, Section 306 -- Abetment of suicide - In order to convict person u/s 306 IPC, there has to be clear mens rea to commit offence and that there ought to be active or direct act leading deceased to commit suicide, being left with no option...........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25(1A) -- Attempt to murder - Appeal against acquittal - Acquittal upheld viz: (i) name of accused not mentioned by eye witness/brother of victim to Chief Medical Superintendent, despite knowing the accused; (ii) weapon of offence/pistol recovered from pocket of accused next day is improbable; (iii) weapon of..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Common intention - No substantive evidence against accused - All witnesses of fact declared hostile - Prosecution failed to prove its case against accused - Conviction and sentence set aside - Accused acquitted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A -- Anticipatory bail - Cruelty - Petitioner joined investigation as per direction given by Court - Custodial interrogation of petitioner no longer required - Apprehension of petitioner fleeing away from process of law not expressed by investigating agency - Without going into merits of case,..........
Indian Penal Code, 1860, Section 376 -- Rape by father - Corroboration not required - If father is offender in rape case, version of prosecutrix can be accepted without any corroboration...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape by father - Testimony of prosecutrix - In rape case, wherein offender is none else but father then version of prosecutrix can be accepted without any corroboration - In the statement of prosecutrix, no material contradictions except about date or month - She being an illiterate person may not be..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Death by burning - Accused intentionally poured kerosene on deceased and set her on fire - Even at that stage, there was absolutely no remorse so far as accused is concerned in trying to save deceased - On the contrary he ran away from scene of offence - Plea of accused that incident happened in a..........
Indian Penal Code, 1860, Section 302 -- Murder - Death by burning - Non-production of accident register or case sheet - Evidence of I.O proved that when deceased was admitted to hospital she was still alive - There was nobody to admit her - After she died there was nobody to claim her body - Body of deceased was kept in mortuary - Production of accident register or case..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - Death by burning - 95% burn injuries - Evidence on record shows that there was nobody in house except accused and deceased - Accused was seen holding kerosene cane with a match box and deceased had caught fire - Thereafter accused disappeared from the scene - No..........
Indian Penal Code, 1860, Section 304B, 302, 498A, Evidence Act, 1872, Section 106 -- Dowry death - Circumstantial evidence - Appeal against conviction - Testimony of PW4, PW5 established that appellant-husband used to torture and harass deceased wife for demand of dowry - Several circumstances on record which point that husband committed murder i.e. he was alone in house..........
