Indian Penal Code, 1860, Section 468, 471 -- Offence u/ss 468, 471 IPC - Reduction of sentence - Though accused is more than 75 years of age and is suffering from severe ailments, however, keeping in view the innocence of villagers is misused to siphon the public money, sentence of accused cannot be reduced - Appeal dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A -- Quashing of FIR - Offence u/ss 406, 498-A IPC - Allegations against mother-i, law and sister-i, law - General allegation of demand of dowry made against petitioners - Mother-i, law is 72 years of age and not expected to get any benefit from dowry demand and sister-i, law though..........
Indian Penal Code, 1860, Section 420 -- Cheating - Breaking matrimonial alliance after compelling the girl side to spend Rs.1.55 lakhs on `Roka Ceremony' - Entire amount spent on `Roka Ceremony' disbursed by accused to complainant - Complainants are no longer interested in the matter - Criminal proceedings initiated by complainants against accused quashed...........
Indian Penal Code, 1860, Section 376, 344, 505, 120B -- Rape - Consenting party - Age of prosecutrix as per ossification test was more than 18 years - However, prosecution conveniently held back this report - Medical evidence suggests that there was no injury on the body of prosecutrix - Prosecutrix remained away from home for more than a month - She had been traveling..........
Evidence Act, 1872, Section 113B, Indian Penal Code, 1860, Section 304B -- Presumption - Dowry death - Presumption u/s 113-B of Evidence Act, will operate if prosecution is able to establish the circumstances as set out in S.304-B IPC...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B -- Dying declaration - Dowry death of a pregnant woman - Death by burning within 9 months of marriage - Deceased suffered 80 to 85% of burn injuries - Dying declaration set up by defence has to be rejected as it is suspicious and cannot be acted upon - It is recorded by I.O without any medical..........
Indian Penal Code, 1860, Section 304B -- Dowry death of a pregnant woman - Death by burning within 9 months of marriage - Complainant and PWs have spoken about demand and harassment of deceased - PWs have also spoken about the demands which could not be fulfilled - Deceased spoke to her parents and had been conveying as to what she was undergoing - She was subjected to..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Mere fact that a fatal accident took place would not by itself be enough to make the accused liable u/s 304-A IPC - Rash and negligent act should be direct or proximate cause of death in order to hold a person guilty u/s 304-A IPC...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Fatal accident - Deceased sitting on tractor died due to overturning of tractor rashly and negligently driven by accused - However, there is no direct evidence on record to show the manner in which accident took place as regarding speed, rashness or negligence - All the PWs turned hostile and failed..........
Indian Penal Code, 1860, Section 302 -- Murder - Non-disclosure of names of accused by injured eye witness and disclosure of names after 10 days from the date of occurrence created doubt in the prosecution case and therefore, same is rightly not relied upon...........
