Indian Penal Code, 1860, Section 302, 34 -- Murder - Recovery of Kulhari from A-2 and lathi from A-1 not proved - Deceased sustained four injuries over his head - Allegations against A-4 that he inflicted injuries over head of deceased on more than two occasion - However, statement of eye witnesses does not inspire confidence in second trial against A-4 - Credibility of..........
Indian Penal Code, 1860, Section 304A, 337, 338 -- Death by rash and negligent driving - Incident occurred due to breakage of pin attached in between the tractor and trailer, trailer was separated from tractor which resulted into the incident - No evidence on record that there is negligence on the part of driver for damage of pin - Opinion regarding mechanical defect of..........
Indian Penal Code, 1860, Section 324, 34, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 324, 34 IPC - Benefit of probation - Incident occurred 19 years ago and accused convicted about 15 years ago - A-1 is 76 years old and A-2 is 71 years of age - No other case is lodged against accused - Accused convicted u/s 324 IPC which is not a heinous offence - It was a..........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5, 6, Prohibition of Child Marriage Act, 2006, Section 9 -- Rape - Quashing of proceedings - Accused is alleged to have married a minor girl/victim - Correct date of birth of victim is yet to be ascertained - Even if victim is found to be below 18 years at the time of..........
Indian Penal Code, 1860, Section 498A, 506, 34 -- Cruelty - Subsequent to the filing of complaint wife took divorce from accused/husband and got remarried, will not come in the way of establishing allegation against husband with regard to an offence which was committed before her divorce...........
Indian Penal Code, 1860, Section 498A, 506, 34 -- Cruelty - Allegation against accused that they harassed and ill treated wife for not fulfilling dowry demand - Evidence on record proved that at the time of marriage accused demanded and received sum of Rs.1,10,000 in cash and also several household articles - Testimony of wife is corroborated by testimony of PWs 1 to 4 -..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Allegations that maltreatment of deceased had started just about one month after the marriage - Matrimonial relationship between accused and deceased survived for a period of about ten months - No complaint whatsoever was made either by deceased or her parents to any authority for such a long..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 381, 120B -- Bail - Offence u/ss 381, 120-B IPC - Investigating agency already concluded the investigation and submitted final report u/s 173 Cr.P.C - Trial of case has not made any progress, as none of PWs is examined so far - Case is triable by Magistrate - Culpability if any would be determined..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Refusal to marry does not fall under purview of instigation as required to make out an offence u/s 306 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Positive act by accused to instigate suicide is essential to abetment of suicide...........
