Indian Penal Code, 1860, Section 498A, 406, 504, 506, 34 -- Cruelty - No evidence on record that wife was subjected to cruelty - Only allegation is of being threatened on the particular day when absence of husband has been proved by documents - There is no material or evidence to show that there was entrustment and misappropriation as required u/s 406 IPC - Allegations..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 34 -- Quashing of proceedings, post conviction, during pendency of appeal - Compromise - Proceedings emanating from matrimonial dispute - No embargo in exercising power u/s 482 Cr.P.C. to quash proceedings - Criminal proceedings quashed...........
Indian Penal Code, 1860, Section 307, 323, 326, 452, 506, 148, 149 -- Attempt to murder - Complaint lodged after 2 months from the incident - Explanation furnished for such delay not believable - Alleged eye witness of occurrence has stated that he had not seen the incident - Doctor who prepared MLR not examined - Accused did not have an opportunity to cross-examine said..........
Indian Penal Code, 1860, Section 308 -- Offence u/s 308 IPC - Intention or knowledge and circumstances in which act has been done is material u/s 308 IPC and not the injuries...........
Indian Penal Code, 1860, Section 308, 323, 504, 506, 147, 148, 149 -- Offence u/ss 308, 323, 504, 506, 147, 148, 149 IPC - Allegation that accused persons assaulted injured with lathi, danda and butt of country made pistol causing head injury - At the stage of framing charge, test of prima facie case has to be applied - Since, there is sufficient ground to frame charge in..........
Indian Penal Code, 1860, Section 498A, 406, 323, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Wife developed primary infertility with premature menopause - Husband in such traumatic situation asked wife for divorce by mutual consent which amounts to mental cruelty which effected life and health of wife - Prima facie case is made out against accused -..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Last seen doctrine - Has limited application where the time lag between the time the deceased was seen last with the accused and the time of murder is narrow - Furthermore, the court should not convict accused only on the basis of the "last seen" circumstance - Therefore, save the "last seen" theory, there is no..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Last seen doctrine - Has limited application where the time lag between the time the deceased was seen last with the accused and the time of murder is narrow - Furthermore, the court should not convict accused only on the basis of the "last seen" circumstance - Therefore, save the "last seen" theory, there is no..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction of Court - Court where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty, would have jurisdiction to entertain complaint alleging commission of offence u/s 498-A IPC...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction of Court - Sending SMS to different girls for marriage proposal by husband prima facie disclose mental torture upon wife and thereby such mental torture can be well said to have taken place at the parental house where wife is residing - SDJM..........
