Indian Penal Code, 1860, Section 468 -- Forgery - Quashing of charge - Prosecution contended that petitioner forged the documents of treatment for the purpose of cheating - Date, time of death of patient, issuance of death certificate with such information or authorization on behalf of petitioner is a matter of evidence and can be decided only upon evidence is adduced by..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death by burning within 7 years of marriage - There was demand of dowry accompanied with physical and mental cruelty against deceased prior to her death - More so, when PW5 brother of deceased arrived at the matrimonial house of deceased on the day of incident, said house was deserted except her sister's dead body -..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death by burning - There are ten accused persons involved in the case and one of them died during pendency of proceedings - It has not been proved conclusively or even sufficiently that all of accused were present in the house when deceased died - Except husband and his father who were ordinarily residents in the house..........
Civil Procedure Code, 1908, Section 11, Order 1, Rule 10 -- Impleading a party - Death of tenant - Widow of tenant impleaded - Widow filed application for impleadment of his son and two daughters - Application dismissed - Thereafter son and two daughters of deceased tenant seeking impleadment as according to them they have inherited the tenancy rights - Held, after the..........
Indian Penal Code, 1860, Section 498A -- Dowry death - Demand of dowry - No culpable harassment per se established - U, natural death of deceased cannot be the consequence of the demand alone - Conviction set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 498A -- Dowry death - No evidence as to how deceased was harassed to such an extent, that she was driven to take her own life - Accused acquitted...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Death by hanging - Delay in lodging FIR properly explained - No specific allegation of harassment of deceased by accused, much less harassment involving physical or mental torture by positive acts - Prosecution failed to establish that demands made by accused had a reasonable connection with death of deceased - No evidence..........
Indian Penal Code, 1860, Section 302, 34, Criminal Procedure Code, 1973, Section 374 -- Double murder - Appeal against conviction - As per post mortem report the injuries were ante-mortem in nature on vital organs of body and sufficient to cause death - Medical record and ocular narration of incident by prosecution witness are consistent with each other - Recovery of..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366, 368 -- Murder of 8 years child - Death sentence - Acquittal by High Court : (i) Prosecution version that four accused persons, mother and her three sons, killed the boy aged 8 years to perform Puja - Evidence of sole witness that he saw the boy and accused in the Baithak of accused - Accused..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Decree against a dead person - Death of two defendants during pendency of suit and their L.R's not impleaded - Decree passed on merits - Decree passed against dead persons, cannot be sustained - Judgment and decree set aside - Matter remitted for decision afresh...........
