Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, Indian Penal Code, 1860, Section 302, 34, 120B, Arms Act, 1959, Section 25, 27, 29 -- Bail - Contraband - Petitioner has already suffered sufficient incarceration of 1 year 4 months and 23 days - Similarly situated co-accused has already been granted..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death was suicidal is very clear from expert evidence - Demand of dowry was not proved by prosecution - Brother and father of deceased admitted in their deposition that they had not personally witnessed any physical violence on deceased - Father of deceased also deposed that accused/son-in-law was quite aware of his..........
Indian Penal Code, 1860, Section 294, 357 -- Offence u/ss 294, 357 IPC - Two investigating Officers conducted the investigation - One I.O. has not come forward for his cross-examination and consequently part of investigation conducted by him and evidence collected by him remains unproved - Deposition of second I.O. was not signed and endorsed by jurisdictional Court,..........
Indian Penal Code, 1860, Section 376 -- Rape - A woman or a girl who is raped is not an accomplice...........
Indian Penal Code, 1860, Section 376 -- Rape - Corroboration is not sine qua non for conviction in a rape case...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape of girl by her father - Mother of prosecutrix died in her childhood and she used to live with her father - She was sleeping at home at night when accused came and started removing her undergarments and started touching her body and when she asked him why he was..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Intention of accused to aid or instigate or to abet the deceased to commit suicide is a must for attracting S.306 IPC...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of proceedings - None of ingredients required in law to make out a case u/s 306 IPC to be even remotely mentioned in the charge-sheet or are being borne out from the material on record - Utterance attributed to appellants assuming it to be true cannot be said..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Quantum of sentence - Maximum imprisonment permissible under the first part of S.307 IPC is 10 years and fine - When Court thinks it fit, not to impose imprisonment for life, punishment in no circumstances can exceed the punishment prescribed under the first part of S.307 IPC...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Quantum of sentence - Sentence of 12 years R.I. granted by Appellate Court - Since maximum sentence u/s 307 IPC, if life is avoided, can only be a maximum of 10 years, considering the entire circumstances, relationship between the parties and injuries caused, sentence of 7 years R.I. would suffice u/s 307 IPC...........
