Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 328, 201, 203, 34 -- Bail - Murder - Accused is a woman aged 22 years and is in custody since 31.10.22 - She had co-operated with investigation all along - Dying declaration of deceased does not speak anything against accused - Accused is a first time offender and chance of accused..........
Indian Penal Code, 1860, Section 323, 324, 452, 506, 34 -- Offence u/ss 323, 324, 452, 506, 34 IPC - Property dispute between parties - Possibility of injuries being self inflicted not denied by doctor - Accused was not present at the place of incident at the relevant time as per their mobile location - Material variation between statements of complainant and CW2 -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 34, Arms Act, 1959, Section 25 -- Bail - Snatching - There is no allegation against petitioner qua directly being involved in the incident of snatching as such - Petitioner is in custody since 17.07.2023 - Without considering the merits of case, accused ordered to be released on bail...........
Indian Penal Code, 1860, Section 323, 324, 34 -- Offence u/ss 323, 324, 34 IPC - Contradictions and discrepancies in the evidence of injured and eye witnesses - None of independent witnesses have supported the case of prosecution - PWs and accused are not in good terms - Accused acquitted...........
Indian Penal Code, 1860, Section 420, 465, 467, 471, 474, 34 -- Cheating - Fraudulent sale deed - Attesting witness to a sale deed cannot be dragged into a web of crime, if there is no other allegation except that he is an attesting witness - Proceedings against attesting witness quashed...........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against in-laws - General and omnibus statements against accused persons that they had tortured wife when she stayed in her matrimonial home in absence of her husband - Wife has not sustained any injury at the hands of accused - Prosecution has not..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against husband - PWs have been consistent in their statements that husband was demanding a vehicle - When wife was diagnosed with cancer, husband refused to take care of her for providing her medical treatment stating that her father had not given..........
Indian Penal Code, 1860, Section 302, 341, 34 -- Murder - Accused allegedly surrounded deceased and her daughter-in-law in a pre-planned manner with a pre-determined mind to assault them - Nature of injuries caused to head of deceased with deadly weapons prove that they had assembled with common intention and not merely to threaten her or to deter her from practicing..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - Deceased/wife was staying separately from accused/husband from 2021 and had been taking treatment for anxiety and depression - Demand of dowry was not stated to be a stressor or trigger for her said medical issues as shared by her with treating doctor - Moreover,..........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - Injured eye witnesses attacked along with deceased No.1 - Reasoning adopted for acquittal of accused qua death of deceased No.2 cannot be imported to that of A-1 and injuries caused to injured eye witnesses - A-1 to A-3 rightly convicted...........
