Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death caused to due to strangulation leading to asphyxia - Anti mortem injuries also found on body of deceased, as she was subjected to beating before taking extreme step of hanging herself - Accused/husband subjected deceased to cruelty and harassment soon before her death in connection with demand of..........
Indian Penal Code, 1860, Section 201, 304B -- Offence u/s 201 IPC - Dowry Death - Dead body of deceased was removed from her house and was lying in open agricultural field and crushed with tractor by her husband - This cannot happen without active connivance and help of mother and father of accused/husband of deceased - However, there is lack of evidence against accused..........
Indian Penal Code, 1860, Section 120B, 304B -- Criminal conspiracy - Dowry death - Accused husband used to harass deceased and subjected her to cruelty in connection with demand of dowry - No evidence on record that father and mother of accused husband were also conspirators - Ingredients of S.120-B IPC missing - Accused acquitted u/s 120-B IPC...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Quantum of sentence - Accused/husband awarded life imprisonment - However, there is no reason assigned in judgment of to determine that case falls under rarest of rare case - Thus, sentence of accused is substituted by R.I. of 10 years...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 147, 148, 427, 435, 149 -- Delayed FIR - Offence u/ss 147, 148, 427, 435, 149 IPC - Delay of 15 days in lodging FIR - Curfew imposed throughout the District for a considerable period and there was wide spread communal rioting - In such situation, delay in lodging report was not fatal, as..........
Indian Penal Code, 1860, Section 147, 148, 427, 435, 149 -- Offence u/ss 147, 148, 427, 435, 149 IPC - Identification of accused - Material witnesses and accused belong to same village - They categorically named only 3 to 4 persons including present accused - PWs identified the accused before Court, as such there is no chance of wrong identification - Moreover, witnesses..........
Indian Penal Code, 1860, Section 147, 148, 427, 435, 149 -- Offence u/ss 147, 148, 427, 435, 149 IPC - PWs identified accused as one of members of mob consisting of 100 of numbers and that mob being armed with deadly weapons entered into the house of PW2 committed mischief, put the house hold articles on fire - Mere plea of denial is not sufficient to discard such evidence..........
Indian Penal Code, 1860, Section 304A -- Offence u/s 304-A IPC - Not an offence which is private in nature, but is offence which has serious impact on society as a whole - Such an offence therefore, cannot be quashed on ground of compromise/settlement...........
Indian Penal Code, 1860, Section 279, 304A, Criminal Procedure Code, 1973, Section 482 -- Rash and negligent driving - Death of pedestrian - Quashing of FIR - Deceased aged 70 years while crossing road lost his balance and dashed against motorcycle of petitioner and died - No evidence on record that petitioner was driving vehicle at high speed or recklessly or negligently,..........
Indian Penal Code, 1860, Section 326, 308, 34 -- Offence u/ss 326, 308, 34 IPC - Appeal against acquittal - Leave to appeal - Initially complainant did not allege any stomach injury by knife caused by accused - However, in his Court statement, complainant alleged that accused has inflicted injury on his stomach by knife - None of eye witness corroborated the version of..........
