Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Occurrence took place all of a sudden in a spur of moment, while accused and deceased were consuming liquor - There is no pre-mediation and pre-determined motive or enmity between parties - Accused held, guilty of offence u/s 304(Part I) IPC - Conviction of accused u/s 302 IPC thus, altered to offence u/s..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3, 32 -- Murder of wife by husband by pouring kerosene oil - 100% burn injuries - Dying declaration - Appreciation of evidence - Evidence of PWs.2 & 6 is wrongly relied on by trial Court as their admission itself shows that statement of deceased was recorded by police - Even, PW6 has specifically admitted in..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Two blows inflicted on head of deceased by accused - No contradiction as far as evidence of PW1 and PW5 with reference to incident of hitting twice with a large stone - Material object, stone, was also produced and taken from scene of occurrence - Medical evidence coupled with evidence of PW1 and PW5..........
Indian Penal Code, 1860, Section 307, 498A, 326, 34 -- Attempt to murder - Cruelty - Compliant filed after more than 5 years from alleged occurrence - No explanation by prosecution for such considerable delay - No evidence on record that accused demanded any dowry from victim - Even otherwise, it was the second marriage of prosecutrix with accused and it cannot be presumed..........
Indian Penal Code, 1860, Section 307, 498A, 326, 34 -- Attempt to murder - Cruelty - Victim admitted in hospital due to burn injuries on account of accidental falling of acid - Merely shifting of victim from private hospital to Civil Hospital cannot be treated as device to let her die with malafide intention...........
Constitution of India, 1950, Article 21, 22 -- Illegal detention - Offence u/ss 498A, 406, 323, 504, 506, 34 IPC - Police approached petitioner at 6:30 am and he was formally arrested at 15:45 hours on the same day - However, petitioner was produced before Magistrate next day at 3 pm - Hence, total detention of petitioner exceeds 24 hours in violation of Art 22(2) of..........
Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of criminal proceedings - Offence u/s 498-A IPC and S.4 Dowry Prohibition Act - Divorce between parties - Criminal prosecution can continue...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 498-A IPC and S.4 Dowry Prohibition Act - Divorce between parties - Does not wipe out consequences of criminal prosecution, once criminal prosecution has been set in motion...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 498-A IPC and S.4 of Dowry Prohibition Act - As per material on record, prima facie case is made out to proceed against accused - Even, allegations levelled in complaint discloses commission of cognizable offence - No case has been made out to exercise inherent powers u/s 482 Cr.P.C. -..........
Indian Penal Code, 1860, Section 376(2)(I), 376D -- Gang rape of partially mentally retarded dumb woman - Testimony of prosecutrix - Prosecutrix clearly narrated entire incident that accused forcibly made her flat on ground by assaulting her and committed forcibly sexual intercourse one by one - She sustained injuries on her both hands and her neck while she was trying to..........
