Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Non execution of sale deed - At the time of entering into agreement to sell there was no intention of accused to cheat complainant and thereby dishonestly inducing him to deliver the amount - Non compliance of agreement on later point of time may be due to many..........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Offence u/s 498-A IPC with reference to Explanation (b) of S.498-A IPC proved against accused - Held, there is no need to further prove for the purpose of S.304-B IPC, that deceased was subjected to cruelty for the purposes of dowry...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Expression `soon before' - Include the period earlier to the two months when deceased remained with her parents as deceased was at her parent`s home for two months prior to her death...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Husband `shall be deemed to have caused her death', if (i) death has occurred within 7 years of marriage; (ii) death has occurred other than under normal circumstances; (iii) soon before her death, woman was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Where all the ingredients u/s 304-B are fulfilled, then burden shifts on the accused to rebut presumption u/s 113-B of Evidence Act...........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Presumption - Appeal against acquittal u/s 304-B IPC - In the instant case, deceased was at her parent`s home for two months prior to death, this fact does not wipe out the effect of harassment for dowry suffered by the deceased - Even, sexual act was apparently not..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Quantum of sentence - Keeping in view long period of trial and re-trial and that accused has already undergone imprisonment of 7 years including remission u/s 498-A IPC, accused is sentenced to R.I. for 7 years, including remissions already earned and said sentence will be concurrent with sentence u/s 498-A IPC -..........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988 -- Rash and negligent driving - Specific evidence is required to be adduced on record by prosecution to prove rash and negligent driving, if any, on part of accused - Mere allegations are not sufficient to hold accused guilty of having committed alleged offences...........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988 -- Rash and negligent driving - Accused rashly and negligently driving motor cycle at the relevant time not proved by any of material PWs - None of PWs stated anything specific with regard to speed of motor-cycle, which dashed against bus - Specific evidence is required to be adduced on record by..........
Indian Penal Code, 1860, Section 302, 84 -- Murder of eight month old child by her own mother - Plea of insanity - PWs including husband of accused stated that accused is a mental patient right from date of their marriage and he never got her examined by any psychiatrist - Unsoundness of mind of accused already part of evidence as deposed by PWs - It is duty of prosecution..........
