Indian Penal Code, 1860, Section 302, 34 -- Murder - Dying declaration - Allegation against sister-in-law of deceased and husband of sister-in-law - Dying declaration of deceased does not state that dowry was cause of death - Husband of deceased was completely exonerated in dying declaration and he was not charge sheeted and prosecuted - It was the husband who had taken..........
Criminal Procedure Code, 1973, Section 239, 240 -- Discharge - Court shall give detailed reasons while passing an order of discharge - However, in the case of passing an order framing charge, Court need not assign detailed reasons...........
Criminal Procedure Code, 1973, Section 240 -- Charge - Proceedings of framing charge culminate only after plea of accused is taken as per S.240(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 226 -- Charges - Before the Court proceeds to frame the charge against accused, Public Prosecutor owes a duty to give a fair idea to Court as regards case of prosecution...........
Criminal Procedure Code, 1973, Section 228, 227, 239, 240 -- Framing of charge - Case may be a sessions case, a warrant case or a summons case, prima facie case must be made out before a charge can be framed...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302, 304(Part II) -- Framing of charge u/s 304(Part II) IPC - Trial Court while discharging accused u/s 302 IPC proceeded to frame charge u/s 304(Part II) IPC by taking into consideration medical evidence on record - Whether the case falls u/s 302 IPC or S.304(Part II) IPC, could have been decided..........
Indian Penal Code, 1860, Section 341, 323, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 341, 323, 34 IPC - Quashing of FIR - Acts alleged against accused are not trivial in nature - Nature of injuries and harm caused to complainant and his wife can only be ascertained after conclusion of trial and after appreciating evidence to be led by prosecution - At..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecution case for charge of rape cannot be thrown away only because prosecutrix is not examined when there is other reliable evidence supported by medical evidence...........
Indian Penal Code, 1860, Section 376, 342 -- Rape - Medical evidence not supported the prosecution case - No injury was found in private parts of prosecutrix - Prosecutrix narrated the incident to her grandmother - However, grandmother of prosecutrix not examined - There is no evidence of prosecutrix on record - C.A report about vaginal swab of prosecutrix found to be in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Length of period of his custody or fact that charge sheet has been filed and trial has commenced are by themselves not considerations that can be treated as persuasive grounds for granting relief to accused u/s 37 of the Act...........
