Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cruelty - Allegation against parents and family members of husband of complainant - Husband of complainant was disowned by his father from all his properties - Marriage of complainant was performed subsequent to her husband being disowned - Complainant compromised..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 11 -- Murder - Plea of alibi - Motive behind crime was greed of land which belonged to deceased - Ocular testimony of PWs is wholly reliable and trustworthy - Medical evidence duly corroborates the ocular evidence - Plea of alibi not proved on record, as cooked up, baseless and false story was made by..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Accused `A' died during pendency of appeal - FIR lodged by eye witness does not contain allegation against accused `G' with regard to assault or causing any injury to deceased or that he exhorted accused `A' to kill deceased - Said omission on part of eye witness is material omission, which affects the core of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - All eye witnesses not supported the prosecution case except PW7 - Statement of PW7 inspires confidence and his presence at the place of occurrence proved by several other witnesses, some of whom may not have supported the prosecution case - PW7 vividly deposed about genesis of occurrence, participation and involvement of..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A, 3(1), 3(2), 3(3), 3(4), Indian Penal Code, 1860, Section 120B, 302, 147, 148, 149 -- Sanction for prosecution - Sanctioning Authority admitted that he did not know Tamil and did not go through entire records which were in Tamil - Sanctioning Authority has not applied his mind to records in its..........
Indian Penal Code, 1860, Section 193 -- Offence u/s 193 IPC - Pertaining to proceedings under Passport Act - Accused discharged from offence under Passport Act - Punishment of false evidence u/s 193 IPC therefore, cannot be imposed upon accused - FIR quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Second bail application - Murder case - There is an eye witness account as spelled out that it was none else than petitioner along with his co-accused, who was instrumental in firing shot leading to death of deceased - First bail application of petitioner already dismissed and no fresh..........
Indian Penal Code, 1860, Section 302, 326, 149 -- Murder - Accused were part of a large group of 25 persons and no specific role ascribe to them - Injury certificate and post-mortem report shows that almost all the injuries were found on the hands and legs of deceased - Though accused were carrying deadly weapons, there is no allegation that they had caused injuries on..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Quantum of sentence - Offence against accused proved on record - No reason stated while convicting accused for offence u/s 376 IPC for life imprisonment - There should be some justification for awarding maximum sentence which should be well thought after considering all aspects of the case - Keeping in view prosecution..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 504, 506, 147, 120B -- Bail - Accused not named in FIR wherein six persons specifically named - Deceased was in consensual relationship with applicant and there was some dispute relating to monetary transaction between deceased and applicant - Only allegation against accused was of..........
