Indian Penal Code, 1860, Section 307, 504, 509, 506 -- Attempt to murder - Non-explanation of injuries suffered by accused - Failure to account for injuries suffered by accused raises serious doubts regarding prosecution story and suggests possibility of a different sequence of events than one projected by prosecution - There is also difference of opinion with regard to..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - There is no promise of marriage to coerce consent from victim for sexual intercourse as forthcoming from the statements made by victim - Promise if any was after first physical intercourse and even later allegation was forceful intercourse without any..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Factum of causing injury or not causing injury would not be relevant when an accused is roped in with aid of S.149 IPC...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - No overt act is required to be imputed to a particular person when charge is u/s 149 IPC - Presence of accused as part of unlawful assembly is sufficient for conviction...........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Unlawful assembly - Evidence of injured eyewitness shows that appellants were part of unlawful assembly which committed murder and also caused injury to him - Though he was extensively cross examined, his testimony in this regard could not be shaken - Prosecution proved guilt of accused beyond reasonable..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Deceased died within 2 months of her marriage due to burn injury - However, none of witnesses i.e PWs 1 to 7 has ever stated in their respective testimony that deceased was subjected to cruelty by appellants - Rather PW1 to PW4 stated that deceased was having good..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Mere irregularity and administrative lapses in official decision making particularly in day to day functioning of municipal bodies does not ipso facto attract rigors of criminal law - Offences in question are grave and require clear..........
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..........
