Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Merely because death of wife has occurred within a period of seven years of marriage, accused cannot be automatically held guilty for the offence punishable u/s 306 IPC by employing presumption u/s 113-A of Evidence Act, nor any presumption u/s 113-B of Evidence Act could be drawn as there is no..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Allegation of cruelty has not been proved by specific instances, nor any specific evidence has been given with regard to dowry demand, no figure of any dowry demand has been brought on record by any of witnesses - Witnesses were not knowing root cause of death - Statement under accidental report..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Neither FIR nor final report u/s 173 Cr.P.C. contain a whisper with respect to any inducement, fraud or dishonesty made by petitioners - No such deceitful act was adopted - Only apparent reason to lodge FIR in question is to wreak vengeance due to ongoing matrimonial discord - Proceedings quashed...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 411 -- Benefit of probation - Offence u/s 411 IPC - Stolen motorcycle was recovered from appellant - It is first offence of appellant - Conviction of appellant upheld - However, appellant released on probation of good conduct...........
Indian Penal Code, 1860, Section 395, 323, 409 -- Offence u/ss 395, 323, 409 IPC - Reduction of sentence - Occurrence took place in the year 1984 - Accused Nos.2 & 4 has remained in jail for about 10 days and they also suffered mental agony and trauma of protracted trial - They are more than 70 years of age - Though offences against accused are proved, but sentence awarded..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption - Merely because death of wife has occurred within a period of seven years of marriage, accused cannot be automatically held guilty for the offence punishable u/s 306 IPC by implying the presumption u/s 113-A of Evidence Act - There requires to be cogent evidence..........
Indian Penal Code, 1860, Section 306, 498A, 114, Evidence Act, 1872, Section 113A -- Abetment of suicide - Cruelty - Presumption - Delay in lodging FIR itself creates a doubt though, at the time of noting accidental death parents were present before police - No such complaint of cruelty or dowry or harassment has been made - Parents had undefined occasion to give complaint..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Reduction of sentence - Identity of accused stands duly established - Medical evidence shows that deceased suffered injuries in an accident and died - Rash and negligent driving on the part of accused stands established beyond reasonable doubt - Occurrence pertains to the year 2002 and as many as 22..........
Indian Penal Code, 1860, Section 304A, 279, 332, Evidence Act, 1872, Section 9 -- Rash and negligent driving - Non-conducting of Test Identification Parade - Multiple passengers were travelling in the canter being driven by accused - They suffered injuries in the accident and three persons lost their lives - Injured witnesses had ample opportunities to see accused during..........
Indian Penal Code, 1860, Section 304A, 279, 332 -- Rash and negligent driving - Accused was driving canter carrying 20/22 passengers at a high speed - While negotiating a turn he could not control the canter and it fell into a ditch on the side of the road despite the fact that road was quite wide - Had canter not been driven at a high speed and in a rash and negligent..........
