Indian Penal Code, 1860, Section 302, 34 -- Murder - Medical evidence - Inquest report of deceased shows that deceased was dead on the way to hospital `P'- However, PWs stated that dead body of deceased was taken from hospital `P' to other hospital `V', which is contrary to prosecution case - Neither doctor of hospital `P' was examined nor Accident Register marked - Though..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Various infirmities were found in evidence of prosecution - Place of occurrence not established to the satisfaction of Court - Merely because PWs 1 and 2 are stated to be eye witnesses coupled with recovery, it cannot be stated that prosecution proved its case beyond reasonable doubt - Benefit of doubt..........
Indian Penal Code, 1860, Section 306, 34 -- Offence u/s 306, 34 IPC - Framing of charges - There is no material whatsoever apart from mere conjectures so as to conclude with any degree of certainty that deceased was instigated or abetted by accused to end his own life - Dead body upon being subjected to postmortem did not reveal any marks of violence whatsoever - Even..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 174A -- Quashing of FIR - Petitioner was declared proclaimed offender, thus FIR u/s 174-A IPC was registered - Petitioner could not appear as notice was not served at the address where he was residing - That after passing of order declaring him as proclaimed offender, petitioner has surrendered..........
Indian Penal Code, 1860, Section 302 -- Murder - Direct evidence - Recovery of weapon of offence and clothes of accused - Blood stain knives recovered at the instance of accused and same were sent to FSL - Report of FSL suggests that human blood found on one of knives having blood group `A', which was blood group of deceased - Clothes worn by accused also sent to FSL and..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Direct evidence - Eye witnesses to the incident stated that both the accused had jointly gone to the house of deceased and had called him out and had taken him away - Immediately thereafter incident took place in course of which both A-1 and A-2 had attacked the deceased with knives - Ingredients of..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 452, 323, 504, 506 -- Summoning of additional accused - Offence u/ss 452, 323, 504, 506 IPC - No allegations on record against proposed accused except that they also have said to entered the house of complainant but not armed with any weapon - Even complainant has not made any whisper that any..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 326A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Offence u/ss 498-A, 326-A, 323, 504, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Applicant is a minor sister-in-law of first informant - Witnesses of fact turned hostile - Rest of accused including..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 427, 323, 504, 506, 34 -- Anticipatory bail - Offence u/ss 452, 427, 323, 504, 506, 34 IPC - Petitioners joined and co-operating in investigation and as such custodial interrogation is not required - No recovery is to be effected from petitioners or at their instance - Moreover, petitioners..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Allegations against three brothers-i, law (two jeths and one devar) and one sister-i, law (jethani) of deceased - No specific allegation of any dowry demand being ever made by appellants or deceased being harassed or tortured on account of no, fulfillment of dowry demand - Even parents of deceased..........
