Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- Compromise during pendency of appeal filed against conviction - Accused cannot be acquitted on the basis of compromise - However, Appellate Court can take lenient view in awarding sentence after hearing appeal, if conviction is sustained...........
Indian Penal Code, 1860, Section 498A, 304B, 34 -- Dowry death - Cruelty - Cause of death was not certain - Defence contended that deceased died due to snake bite - However, dead body of deceased exhumed 14 days after her death and postmortem not yielded any results as to cause of death - It is thus uncertain that whether there was a snake bite or there was ill treatment..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Two types of cruelty are : (i) wilful conduct of a nature which is likely to drive a woman to commit suicide or to cause grave injury or danger to life, limb or health - Wilful conduct can be both mental and physical but it must relate to a woman; (ii) relatable to property, and with a view to coerce her or any other..........
Indian Penal Code, 1860, Section 498A, 307, 34 -- Cruelty - Attempt to murder - Victim stated that beatings were given all over her body by accused - However, injuries as per MLC are not substantiated by statement of victim - MLC shows that injuries were possible by fall from staircase - Victim is unreliable witness as she was not in a fit state of mind to make a statement..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Reduction of sentence - Incident 30 years old - Accused and complainant now separately settled in their families after re-marriage - Five other accused, who were family members of accused were already acquitted - After a long gap of 30 years, it does not appear justified to send accused behind bars - Looking to nature of..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 498A, 323, 34 -- Quashing of proceedings - Compromise - Offence u/ss 498-A, 323, 34 IPC - Out of Court settlement executed inter se parties - Complainant is residing with her husband co-accused as of today - Moreover, investigation is complete and report of investigation already filed before..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC - Quashing of FIR - Matrimonial dispute - Compromise arrived at between parties - Though offence u/s 498-A IPC is no, compoundable offence, but there should be no impediment in quashing of FIR u/s 482 Cr.P.C., if Court is otherwise satisfied that facts and..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 8 -- Cruelty - Conduct - Previous instances not reported to police, does not substantially erode credibility of such assertions made later - As in our society there is tendency to save marriage even at the cost of suffering atrocities passively in hope that better sense would prevail some day...........
Indian Penal Code, 1860, Section 302, 498A, 34, Evidence Act, 1872, Section 3 -- Murder - Cruelty - Victim sustained 100% superficial burns while cooking - Deceased subjected to cruelty - Statement of CFSL report that washer of air pressure pump was found missing and burner was in bent condition - Lends possibility that an accident had occurred in room which was bolted..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Reduction of sentence - Appeal pending since 15 years - Appellants have no other criminal antecedents - Fact that appellant `P' a lady aged more than 80 years has undergone approximately 11 months in custody - Appellant `G' aged more than 50 years has undergone approximately 2 years 4 months in custody - Further,..........
