Criminal Procedure Code, 1973, Section 174 -- Scope - Inquest report - Purpose of preparation of inquest report is to ascertain whether a person has died in some suspicious circumstances or an unnatural death and as to the apparent cause of death - Inquest repot need not contain the details as to how the deceased were assaulted or who assaulted them - Omission of names of..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Lodged after inquest report - It is a general proposition that FIR loses its authenticity if it is lodged after inquest report is recorded - It may not be true in all cases and in all circumstances - This general proposition cannot be universally applied, by holding that if the FIR is lodged for whatever reason after..........
Criminal Procedure Code, 1973, Section 174 -- Inquest report - Object of inquest proceedings is to ascertain whether a person has died under unnatural circumstances or an unnatural death and if so, what is the cause of death - Question regrading the details as to how the deceased was assaulted or who assaulted him or under what circumstance he was assaulted, is foreign to..........
Criminal Procedure Code, 1973, Section 154, 174 -- FIR - Non mention of name of accused in the inquest report - Cannot be inferred that FIR was not in existence at the time of inquest proceedings...........
Criminal Procedure Code, 1973, Section 174 -- Inquest report and post mortem report - Not substantive evidence - Any discrepancy occurring therein can neither be termed to be fatal nor even a suspicious circumstance which would warrant a benefit to the accused and the resultant dismissal of the prosecution case...........
Criminal Procedure Code, 1973, Section 174 -- Inquest report - Not substantive evidence - May be utilized for contradicting the witnesses of the inquest...........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Magistrate - After FIR was recorded, inquest report reveals that case u/s 302 IPC was registered - Mere fact of 11.30 hours delay after incident not relevant or significant...........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Except evidence of interested witnesses i.e. parents, no other witness supported prosecution case regarding demand and acceptance of dowry - Even the evidence of interested witnesses not consistent as to whom amount was paid - No betrothal ceremony held thus showing that..........
Identification -- Incident took place at 7.40 p.m. in the month of October - It was quite dark - Source of light not mentioned in FIR - Lantern recovered but same not produced in Court nor IO stated that it was in working condition - Inquest performed the next day morning on account of paucity of light - Bad blood between accused and first informant - Possibility that..........
Criminal Procedure Code, 1973, Section 174 -- Inquest memo - Names of assailants mentioned therein - Inquest is held to ascertain the apparent cause of death - There is no requirement for the names of assailants being mentioned therein - Also not known at whose instance the names of certain persons were inserted in the inquest memo - No reliance can be placed on the..........
