Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Deceased died unnatural death prior to 7 years of marriage - However, prosecution failed to prove the fact that deceased was subjected to cruelty for demand of dowry - Trial Court committed error in convicting the appellants on the basis of dying declarations of deceased - Appellants acquitted...........
Indian Penal Code, 1860, Section 380, 457 -- Offence u/ss 380, 457 IPC - Reduction of sentence - Incident occurred in the year 1995 and suffered agony and trauma of protracted trial - Sentence reduced to period already undergone by petitioners...........
Indian Penal Code, 1860, Section 304(Part I), 304A -- Nature of offence - Appellant being qualified medical practitioner instructed staff nurse to administer an injection over telephone which injection when administered to patient, apparently reacted resulting into his death - Registration of FIR u/s 304(Part I) IPC and subsequent submission of police report u/s 173(2)..........
Indian Penal Code, 1860, Section 363, 366, 366A, 376 -- (before amendment), Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, S.3(2)(5) - Abduction and rape - Prosecution has not been able to prove age of victim as 15 years, rather, it has been established from medical evidence as well as statement of mother of victim that she being more than 16..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Settlement - Quashing of proceedings - Nature of weapon and nature of injury shows that overt act attributed to appellants does not bring the case within four corners of S.307 IPC - At the highest, offence alleged could be one u/s 326 IPC - Moreover, parties have..........
Indian Penal Code, 1860, Section 420, 406, 465, 467, 468, 471, 474, 166, 167, 193, 196, 199, 201, 203, 255, 260, 261, 262, 120B -- Cheating - Allegation that appellant in connivance with A-1/power of attorney holder filed tenancy case by showing power of attorney as genuine and impersonated one dead person as landlord - However, signatures on tenancy case and below the..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(n), 323, 506 -- Second bail application - Rape - First bail application was dismissed as withdrawn - Second bail application filed approximately 4-1/2 months without any fresh substantial change in circumstances - Allegations made against petitioner are serious in nature and he..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 395, 412, 201, 120B, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 395, 412, 201, 120-B IPC and S.25 of Arms Act - Petitioner is behind bars for the last 5 months and 17 days - Investigation is complete - Final report u/s 173 Cr.P.C was presented before concerned Court - Charges..........
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..........
