Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Reason for committing suicide always has to be assessed from an independent angel and not from angle of victim or from a person who is cause for it...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Eye witnesses to the incident turned hostile - Accused/father-i, law of deceased shouted and assaulted deceased and not allowed wife of deceased to go along with him - Alleged refusal of sending wife along with deceased caused her to commit suicide - Step taken by deceased is nothing but foolish - Alleged..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 451, 323, 341, 382, 147, 149, 504, 506 -- Quashing of FIR - Compromise - Offence u/ss 451, 323, 341, 382, 147, 149, 504, 506 IPC - Parties resolved to settle their dispute amicably and accordingly entered into a compromise - Both the parties categorically stated on oath that to maintain cordial..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A -- Summoning of additional accused - Dowry death - Cruelty - Principle of `stare decisis' - Main accused husband of deceased acquitted on merit - No specific over act levelled against petitioners - Even no cinching evidence to presume that proceeding would culminate into conviction -..........
Indian Penal Code, 1860, Section 375 -- Rape - Consent - Where victim was incapable of giving a valid consent as per S.375 IPC, even if consent has been obtained by accused for sexual intercourse, it will amount to rape...........
Indian Penal Code, 1860, Section 363, 366A, 376(2)(n) -- Kidnapping and rape - Age of prosecutrix - Prosecutrix was about 16 years at the time of incident - It is thus, proved that prosecutrix was minor on the date of incident - As such consent is immaterial - Accused is guilty of kidnapping and rape of prosecutrix - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - When prosecution's case is based on circumstantial evidence, what is required to be proved is complete chain of circumstances without leaving any conclusion consistent with the innocence of accused - It must be shown that in all human probability, the act, with which..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Testimony of witnesses - Recovery weapon - Last seen evidence and extra-judicial confession made by respondent-accused before PW-16, is found unworthy of reliance - Further, murder weapon axe, was recovered at the instance of accused from an abandoned open room in a field which had easy access..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Incident took place due to sudden provocation and in a heat of passion which was a result of delay in preparing lunch by deceased - Accused picked up a wooden object and hit the deceased - Only one single blow was inflicted - Death of deceased took place 10 days after said incident while she was undergoing..........
Indian Penal Code, 1860, Section 468, 471, 197, 199 -- Offence u/ss 468, 471, 197, 199 IPC - Offence not travelling beyond Ss.197, 199 IPC i.e of making a false declaration before a public servant for gaining promotion - Ex-facie offences u/ss 468, 471 IPC cannot be sustained, as no document was either forged or fabricated by petitioner - Moreover, compliant filed by..........
