Indian Penal Code, 1860, Section 498A -- Cruelty - Despite of some frictions married life continued for 11 years - No reasons for committing suicide culled out by prosecution within a reasonable proximate duration - Ill-treatment, both physical and mental and misbehaviour with which deceased was subjected during long span of her married life of 11 years, may depict a..........
Indian Penal Code, 1860, Section 304 -- Offence u/s 304(Part I)PC - Death due to splenic tear - Accused hurled a `Parant' on the head of deceased - No corresponding injury on head - Even if it is presumed that `Parant' was hurled on deceased, it could not result in rupture of spleen - It is not the case of prosecution that spleen was enlarged due to some disease -..........
Indian Penal Code, 1860, Section 306, 498A, 304B, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Abetment of suicide - Cruelty - Dowry demand - Compromise - Quashing of proceedings - Deceased committed suicide soon after giving birth to child - It cannot be assumed that deceased was being treated with inhuman cruelty preceding such child birth and at the same time she..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Property dispute - Identity of accused - Place of occurrence at a distance of 300 sq. yds from concerned Police station, as per FIR - However, it is no where stated that eye witnesses to incident had seen the occurrence from a distance of 300 sq. yds. - Plea that it was impossible for witnesses to see occurrence clearly..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Non-examination of independent witnesses - Not fatal to prosecution, when defence failed to brought out that there were other persons at the scene of occurrence who were independent persons...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Non-examination of first informant/chowkidar - Defence not elicited either the number and time of station diary entry nor time when chowkidar allegedly gave information whose substance was entered in some station diary entry - Name of chowkidar even not elicited - In such situation it was not possible to examine..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Testimony of eye witnesses - There are six eye witnesses and three of them are injured eye witnesses, which is a weighty factor to show the actual presence of these witnesses at the scene of occurrence - Credibility and trustworthiness of all these eye witnesses could not be shaken by accused - Since presence of eye..........
Criminal Procedure Code, 1973, Section 181(4), Indian Penal Code, 1860, Section 406 -- Territorial jurisdiction - Criminal breach of trust - Return of stridhan articles - Articles are to be returned after conclusion of trial at place `H' where wife is residing with her parents - Part of cause of action has thus arisen at place `H' and Court at that place has jurisdiction -..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 228 -- Criminal breach of trust - Framing of charges - Allegation that husband and his parents demanded dowry and driven out wife from her matrimonial abode - More so, on her claim for her stridhan and certificates, the same were not returned back - Hence, a prima facie case u/s 406 of IPC is made..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 34 -- Bail - Murder - Circumstantial evidence - Accused tracked by police dog - Evidence of tracking by dog is weakest piece of evidence - Material against accused does not require his further pre-trial detention in crime - Accused released on bail with conditions - Bail granted...........
