Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A -- Anticipatory bail - Cruelty - Petitioner joined investigation as per direction given by Court - Custodial interrogation of petitioner no longer required - Apprehension of petitioner fleeing away from process of law not expressed by investigating agency - Without going into merits of case,..........
Indian Penal Code, 1860, Section 304B, 302, 498A, Evidence Act, 1872, Section 106 -- Dowry death - Circumstantial evidence - Appeal against conviction - Testimony of PW4, PW5 established that appellant-husband used to torture and harass deceased wife for demand of dowry - Several circumstances on record which point that husband committed murder i.e. he was alone in house..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Cruelty - Serious allegations of harassing complainant with demand of dowry was made against accused along with his family members - Besides this, allegation of forcing complainant to indulge in unnatural sex was also made against accused - More so, accused solemnized three..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 406, 498A -- Quashing of FIR - Matrimonial dispute - Compromise - Compromise arrived at without any kind of pressure, threat or undue influence and statement of petitioners in respect of compromise also recorded - FIR alongwith all consequential proceedings quashed...........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - It is necessary to establish offence u/s 498-A IPC to prove charges u/s 304-B IPC...........
Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 113B -- Cruelty - Dowry death - In order to establish offence u/s 304-B IPC, presumption u/s 113-B of Evidence Act cannot be raised against accused until independently offence u/s 498-A IPC is proved by leading evidence of specific allegation with regard to time and date of such demand and cruelty and..........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Deceased died due to hanging within one year of her marriage - Prosecution, however, failed miserably to establish beyond reasonable doubt that any cruelty and harassment was meted out to deceased by accused let alone soon before her death - Testimony of PWs to the effect that gold bracelet and..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 32 -- Dying declaration - Murder - Cruelty - Death by burning - Deceased stated in her parcha byan that accused poured kerosene oil upon her and set her on fire - Statement of deceased recorded when she was seriously injured that too after 4 days from the date of her admission to hospital - No..........
Criminal Procedure Code, 1973, Section 438(2), Indian Penal Code, 1860, Section 498A, 406 -- Anticipatory bail - Imposition of a condition to produce bank guarantee of Rs.20 lacs - Condition is onerous and thus deleted...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 32(1) -- Summoning of additional accused - Dying declaration - Dowry death - It is apparent from FIR that specific allegation of demand of dowry is only against husband and not against any other person - Dying declaration of deceased recorded by Judicial..........
