Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Cruelty - Demand of dowry - Common allegations against husband and his family members in FIR - However, only husband was convicted - No specific allegation levelled against husband - Even real brother of deceased denied the factum of demand of dowry by husband - Apart from..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Property dispute - Case based on documentary evidence - Civil proceedings between parties are pending - Petitioner in pursuance to notice of motion joined investigation - His custodial interrogation would not be warranted - Without going into merits of..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Dowry death - Cruelty - Demand of dowry - Quashing of proceedings - Jethani residing in another State whereas deceased committed suicide at the residence of her parents - She cannot be said to be beneficiary of dowry demanded, if any - In..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 498A, 120B -- Bail - Murder of wife by husband - Cruelty - Material collected by CBI during investigation is documentary on basis of photographs which was to be tested during trial - Family members of deceased and some doctors who were close to family arrived after the incident and postmortem..........
Indian Penal Code, 1860, Section 307, 325 -- Attempt to murder - Victim not supported prosecution case and declared hostile - Entire case is based upon sole testimony of wife of victim - Accused had no intention to commit murder of victim, as he was having sharp edged instrument but as per allegation he has used blunt portion and that too only once - Only single blow was..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 27 -- Fake encounter - FIR registered against deceased u/s 307 IPC and Ss.25, 27 of Arms Act - Compensation to wife of deceased - Deceased killed by police party by opening indiscriminate firing at him when he was sitting in his car and caused 23 injuries to which he succumbed at the spot - Deceased had not..........
Indian Penal Code, 1860, Section 302, 364, 379, 34 -- Murder - Circumstantial evidence - Identification of dead body - Dead body of deceased recovered from farm of PW1 on information given by A-1 - Same was identified by mother and father of deceased - Dead body was further proved by skull imposition test...........
Indian Penal Code, 1860, Section 302, 364, 379, 34, Evidence Act, 1872, Section 27, 26 -- Murder - Circumstantial evidence - Disclosure statement - Recovery of material objects - None of witnesses identified camera or stated belongings of deceased - Said statements are inadmissible in spite of mandate contained in S.27 of the Act, as it not resulted in discovery of new..........
Indian Penal Code, 1860, Section 302, 364, 379, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - PW11 identified all three accused in Court, who came at the time when he was washing his car along with deceased and he had last seen all of them sitting in Van on that day - Testimony of PW11 remains intact even during..........
Indian Penal Code, 1860, Section 376(1) -- Rape - Testimony of prosecutrix cogent, cohesive and consistent - Evidence of sexual assault is substantiated by medical evidence - Injuries on genitals of prosecutrix points to the use of force - Had it been consensual, necessity of force would not have arisen - Prosecution proved its case beyond reasonable doubt - Accused..........
