Indian Penal Code, 1860, Section 302 -- Murder - Delay in lodging FIR - Effect - Held, mere delay in lodging FIR cannot by itself be regarded as fatal to prosecution case - Court has duty to take notice of delay and examine same in backdrop of factual score, whether there has been any acceptable explanation offered by prosecution and whether same deserves acceptation being..........
Indian Penal Code, 1860, Section 302, 149 -- Unlawful assembly - Common object - Conviction - Validity - All accused persons had come together armed with lathis - One of accused, who died during pendency of appeal, was armed with gun - Eye witnesses who are natural witnesses, being brothers, have deposed in an unequivocal manner about assault by all accused persons -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 166, 120B -- Quashing of FIR - Looking to the material collected by police during course of investigation, it cannot be said that petitioners have committed any offence punishable u/ss 420, 467, 468, 471, 166 and 120-B IPC as petitioner No.1 issued death certificate as per directions of SDO..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - No evidence that deceased was compelled to consume poison - However, a situation was created over a sufficiently long period of time whereby deceased was left with no option but to take her life - Held, offence u/s 306 IPC is clearly made out...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Ill treatment and harassment - Not relatable to any demand for dowry - Ill treatment and subsequent death does not fall within the meaning of S.304-B IPC...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Prosecution has to prove beyond reasonable doubt that husband or his relative subjected deceased to cruelty or harassment in connection with demand of dowry soon before her death...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - In order to attract provisions of Ss.304-B and 498-A IPC, harassment or cruelty of deceased should be in connection with demand of dowry - Such demand is indispensable in order to make these provisions applicable...........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 32 -- Dowry death - Cruelty - Dying declaration - In dying declaration not even a single whisper that deceased was subjected to cruelty or any harassment on the question of dowry by her husband - In order to attract offence u/ss 498-A and 304-B IPC harassment or cruelty of deceased should be in..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 32 -- Dowry death - Cruelty - Dying declaration - Offence u/ss 498-A, 304-B IPC not made out as there is nothing in the dying declaration that deceased was subjected to cruelty or any harassment on the question of dowry - As there is no alternate charge u/s 302 IPC and without leveling of such charge,..........
Indian Penal Code, 1860, Section 302, 147, 449, 149, 34 -- Murder - Eye witness - Wife of deceased stated that she saw in torch light accused persons armed with gandasa and sword entered into her house and cut the neck of deceased - Her presence in house at the night of incident is not doubtful as her clothes were found blood stained which matched with the blood of..........
