Indian Penal Code, 1860, Section 304B, 498A -- Suicide in matrimonial home - Cruelty - In statement of father of deceased it is not stated specifically as to when demand of car was made - Further there is no evidence to suggest that petitioner Nos.1 and 2 were available in Delhi and thus could harass deceased in furtherance of common intention soon before death - Held, in..........
Criminal Procedure Code, 1973, Section 190, 200, 204 -- Summoning of accused - Power of Magistrate - Exercise of - Held, right of a complainant to agitate the matter through a complaint cannot be taken away by filing of a charge sheet by the investigating officer under different and lesser offences and against some of accused only - Therefore, the right of Magistrate to..........
Evidence Act, 1872, Section 136 -- Complainant can file document(s) on record of a criminal case subsequent to the filing of charge sheet - There is no restriction on the complainant to tender a document in evidence whilst appearing in the witness box - An affected person cannot be shut out or restrained from producing material document(s) during the course of evidence if..........
Indian Penal Code, 1860, Section 498A, 323, 379, 34, 504, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of order taking cognizance - Charge-sheet filed pertaining to offence u/s.498A IPC - Another FIR by complainant u/s. 498A, 323/34, 379/34 and 504IPC and S.4 of DP Act - Police after investigation found allegations false..........
Indian Penal Code, 1860, Section 302,376(2)(f),201, Evidence Act, 1872, Section 106 -- Rape and murder - Duty of accused to explain incriminating circumstance proved against him while making statement u/s 313 CrPC - Keeping silent and not furnishing any explanation for such circumstance is an additional link in the chain of circumstances to sustain charge against him -..........
Indian Penal Code, 1860, Section 304B,201 -- Dowry death - Conviction - Sustainability - No evidence to show that demand of any dowry was made rather demand was of arranging some rupees for procuring job - No witness stated that this was dowry related demand - Evidence of PW 5, daughter-in-law of informant, is at variance with her evidence in Court - No evidence on record..........
Forest (Conversation) Act, 1890, Section 2(ii), 3A, 3B, Criminal Procedure Code, 1973, Section 482 -- Illegal mining - Protected forest - Cognizance - Quashing of proceedings - Petitioners have been made accused being officials of TISCO - Allegation has been leveled only against TISCO for carrying out mining operations in absence of any valid permission for the same - No..........
Negotiable Instruments Act, 1881, Section 138,141 -- Dishonour of cheque - Company - Vicarious liability - If a person who commits offence u/s 138 of the Act is a company, the company as well as every person in charge of and responsible to the company for the conduct of business of the company at the time of commission of offence is deemed to be guilty of the offence...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A -- Death due to medical negligence - Order framing charge - Quashing of - Petitioner is qualified doctor - Nurse was skilled, qualified and competent to inject - Injections have been administered under supervision of qualified doctor - Prosecution failed to collect any material to show that..........
Criminal Procedure Code, 1973, Section 227, 228, 239, 240 -- Framing of charge - Duty of Court - Held, framing of charge is solemn duty of Judge - He has to apply his mind to ward off complications which may arise in future so that later on no benefit or advantage to accused or disadvantage to prosecution accrue or vice-versa...........
