Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27(1) -- Murder - Common intention - Prosecution has failed to place on record any evidence to show that appellants had common intention with A-1 prior to A-1 shooting at the deceased resulting in her death - Conviction and sentence set aside - Appellants acquitted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife lodged FIR u/s 498-A IPC against husband and his family members - Husband acquitted by trial Court - Parties are living separately since long - Wife not only deserted husband but also committed mental cruelty upon husband - Husband is entitled to decree of divorce...........
Indian Penal Code, 1860, Section 302, 506, 34 -- Murder - Testimony of wife of deceased - PW3 being the wife of deceased, was the most natural witness, whose presence in the wee hours of night cannot be doubted and she in her statement has categorically stated that accused were not real assailants and some unknown persons had infact murdered her husband, who had concealed..........
Indian Penal Code, 1860, Section 302, 506, 34 -- Murder - Testimony of PW1 and PW2 - PW1 and PW2 are the real brother of deceased and first informant and sister in-law of deceased - There are material contradictions in their testimonies and therefore, they too cannot be said to be reliable witnesses as held by trial Court - Motive suggested for commission of crime also do..........
Indian Penal Code, 1860, Section 417, 109, Criminal Procedure Code, 1973, Section 482 -- Cheating - False promise of marriage - Complaint against parents of boy - In complaint there is no act or conduct on the part of appellants which can be termed to be illegal per se much less criminal in nature - Main allegations are against son of appellants - No ingredients of any..........
Indian Penal Code, 1860, Section 457, 436, 120B -- Offence u/ss 457, 436, 120-B IPC - Reduction of sentence - Respondents were sentenced to 4 years along with fine of Rs.5,000 each - Conviction of accused is maintained - However, keeping in of post conviction conduct of accused, it is appropriate to reduce their sentence to custody already undergone by them...........
Indian Penal Code, 1860, Section 302, 498A -- Murder of wife by husband - Death by burning - Victim died in a tragic manner - Merely because it has been shown that there were serious matrimonial disputes between deceased and accused, it cannot be said that it was accused who had set fire to his wife - Presence of accused at occurrence spot at the relevant time is highly..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4 -- Cruelty - Dowry demand - Appellant subjected his wife to harassment with a view to coercing her and her mother to meet the unlawful demand for gold sovereigns and continued to harass her when she and her relatives failed to meet such demand - Ingredients of S.498-A IPC and S.4 of D.P Act are..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4 -- Cruelty - Dowry demand - Quantum of sentence - Appellant has undergone approximately 3 months in custody - Admittedly, incident pertains to the year 2006 and couple lived together exactly for three days - Wife is married and settled abroad - Case has been prolonged for a period of nearly 19..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 307 -- Bail - Murder - Applicant has been languishing in jail for approximately 7 years and 9 months, with trial having remained stagnant since 25.10.2019 - Keeping applicant in custody under these circumstances, when there is no realistic possibility of trial being concluded in..........
