Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Subsequent conduct - Subsequent conduct of cleaning up the scene and restoring living room in its original shape, although punishable in law, does not become so unnatural that it could be made basis to convict accused for commission of murder without additional evidence to that effect...........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Discharge - Bald allegations made by complainant against accused without mentioning any specific incident - No incriminating material found by prosecution or produced by complainant to substantiate the ingredient of cruelty u/s 498A IPC - Complainant failed to produce medical..........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Discharge - Divorce decree - Where parties have moved on with their respective lives, it would be unjust and unfair to compel accused to go through tribulations of trial - Order of discharge by trial Court upheld...........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 468 -- Cruelty - Time barred complaint - Commutation of limitation period - Offence committed on 8-9-1999 and complaint filed on 3-7-2002, therefore complaint lodged within period of 2 years and 10 months - Complaint held not barred by limitation...........
Indian Penal Code, 1860, Section 498A -- Cruelty - To attract S.498-A IPC, woman must be legally married to accused and must be subjected to cruelty or harassment by husband or his relatives...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Victim was only 14 years old at the time of alleged marriage and accused was 20 years old but below minimum legal age of marriage - There was thus, no valid marriage that could confer upon victim the status of a wife as required to invoke S.498-A IPC - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 376 -- Rape - Independent witnesses have not supported prosecution case - Evidence of PWs 10, 11 and 12 is not consistent regarding filing of FIR - Violence of three witnesses also does not reveal why victim waited for so long, before making allegations against petitioner - Delay in lodging FIR not explained - Evidence of PWs 1 to 12 found..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Where bleeding injury sustained by injured has been stated by PWs 1 to 4 and corroborated by evidence of I.O., non examination of doctor who had examined injured, cannot be a ground to set aside conviction of petitioner u/s 323 IPC...........
Indian Penal Code, 1860, Section 323, 341 -- Offence u/ss 323, 341 IPC - Prosecution able to prove that while PW1/injured was coming from land holding beam, petitioner obstructed him and assaulted him by means of a thenga causing bleeding injury on his head and chest - Commission of offence in question proved - Conviction upheld...........
Indian Penal Code, 1860, Section 323, 341 -- Offence u/ss 323, 341 IPC - Incident took place about 28 years ago - Petitioner had remained in custody for at least two days during investigation - It would be a travesty of justice to send back petitioner to jail after so many years to serve out sentence imposed - Sentence u/s 323 IPC, reduced to period already undergone and..........
