Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Allegations that maltreatment of deceased had started just about one month after the marriage - Matrimonial relationship between accused and deceased survived for a period of about ten months - No complaint whatsoever was made either by deceased or her parents to any authority for such a long..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Positive act by accused to instigate suicide is essential to abetment of suicide...........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Death by poisoning - Merely bald statements made by father of deceased which do not indicate any wrong doing on the part of accused - In the absence of any proximity between the alleged act of accused and suicide of deceased, ingredients of S.306 IPC are completely missing - Acquittal upheld...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 506 -- Anticipatory bail - Abetment of suicide - Earlier protection from arrest was granted till submission of police report - Now charge sheet has been filed - Nothing to suggest that accused has not cooperated in the investigation - Anticipatory bail application allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Failure to prove that cheque was dishonoured for want of sufficient funds - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - If two views are possible on the basis of evidence on record and one favourable to accused has been taken by trial Court, it ought not to be disturbed by Appellate Court...........
Indian Penal Code, 1860, Section 302, 323, 324, 341, 148, 100 -- Murder - Right of private defence - Six accused persons sustained injuries in the incident - However, said fact is concealed by prosecution from Court - None of PWs explained the injuries sustained by accused persons including fractures sustained by three accused - Complainant side have only sustained simple..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping - Accused allegedly kidnapped victim and also committed act of aggravated penetrative sexual assault upon her - However, statements of prosecutrix, her father, brother and village Sarpanch shows that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - S.37 of the Act does not lay down any stipulation that accused is entitled to be released on bail if trial does not commence within a particular period...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Accused himself came forward and has undertaken to appear before trial Court on each and every date - Sole purpose of issuance of non-bailable warrant or issuance of proclamation is to secure presence of accused before trial Court - Order declaring accused as proclaimed offender set aside...........