Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - To prove offence u/s 306 IPC, prosecution is under an obligation to prove ingredients of S.107 IPC...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Illicit affair of husband - Allegation that wife committed suicide due to illicit relationship of husband with his sister-in-law - However, sister-in-law of husband is residing separately - No neighbour of locality where parties residing came forward to say that there was ever any illicit..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406 -- Quashing of proceedings - Offence u/ss 498-A, 406 IPC - Complainant only citing incidents of unhappiness with her husband/accused - Allegations in complaint and charge sheet does not satisfy ingredients of alleged offences - Uncontroverted allegations against accused do not disclose..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 341, 323, 324, 307, 337, 338, 387, 504, 506 -- Summoning of additional accused - Offence u/ss 341, 323, 324, 307, 337, 338, 387, 504, 506 IPC - Petitioners summoned only because victim named them along with others - But no overt act is attributed against petitioners - Specific allegation of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 506, 384, 120B -- Anticipatory bail - Abetment of suicide - Hapless deceased pushed to such corner by such mental pressure that he was compelled to commit suicide - Abetment in committing suicide by deceased is prima facie apparent on the face of allegations levelled against accused - Bail..........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Unchaste wife - Wife convicted and sentenced for murder of her own son in order to screen her illegitimate relationship with her paramour - Factum of wife being unchaste proved on record - Petition for divorce filed by husband only after conviction of wife, therefore, in such situation, provision in terms of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife had just and reasonable cause to reside separately from husband, as he was suspecting her character and was also treating her with cruelty for which she lodged FIR u/s 498-A IPC, which was later on compromised - Since there is no finding that FIR was false but parties entered..........
Indian Penal Code, 1860, Section 493, 496, 420, 376 -- Offence u/ss 493, 496, 420, 376 IPC - Framing of charge - Prosecutrix aware of accused's subsisting marriage - Marriage between prosecutrix and accused was impossible as it was prohibited by law because both were having subsisting marriages when they entered into a relationship, which is nothing more than extra martial..........
Indian Penal Code, 1860, Section 84 -- Plea of insanity - Nature of burden of proof on accused to prove insanity is no longer higher than that rests upon a party to civil proceedings - Accused could discharge his burden by showing preponderance of probabilities in his favour - Behaviour antecedents and subsequent event of accused may be relevant in finding mental condition..........
Indian Penal Code, 1860, Section 302, 341, 84 -- Murder - Plea of insanity - Burden to prove insanity is on accused and accused discharged the burden by producing evidence as to his behaviour at the time of occurrence and thereafter his continuous treatment in hospital - However, burden shifts on prosecution not discharged - Though eye witnesses proved that only accused..........
