Indian Penal Code, 1860, Section 302 -- Murder - Reduction of Sentence - Conviction u/s 302 IPC once confirmed by all Court then minimum sentence is imprisonment for life - There is thus, no ground or reason for granting a lesser sentence - When minimum sentence itself is life imprisonment, then grounds like parity, leniency, old age, health concerns, etc. are not of any..........
Indian Penal Code, 1860, Section 498A -- Cruelty - A Girlfriend or even a woman with whom a man has had romantic or sexual relations outside of marriage could not be construed to be a relative in terms of S.498-A IPC...........
Indian Penal Code, 1860, Section 498A, 504, 109, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - There is no averment or material to show that appellant was in any way concerned with causing harassment to victim on account of non-fulfillment of demand of dowry - Proceedings qua appellant quashed...........
Indian Penal Code, 1860, Section 376, 302, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape and murder of 10 years old girl - Recovery of victim's slipper and underwear - Recovery memo is signed by circle officer and two independent witnesses - However, prosecution did not examine two independent witnesses - Though..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Simply because accused refused to marry deceased, would not be a case of instigating, inciting or provoking the deceased to commit suicide and would not amount to abetment of suicide...........
Indian Penal Code, 1860, Section 306, 376, 417 -- Abetment of suicide - Rape - Refusal to marry - No evidence on record to establish that appellant entered into any physical relationship with deceased on the pretext of marrying her - Appellant on asking of deceased had simply refused to marry her which is not a positive act on his part with any intention to abet crime of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 342 -- Bail - Rape - Victim is yet to be examined - Mother of victim who is an eye witness to the incident has also not been examined so far - Without disturbing the order of bail granted by High Court, respondent/accused directed not to enter the said village where victim and her mother are..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Relatives - Normally, it can be taken to include, father, mother, husband or wife, son, daughter, brother, sister, nephew, niece, grandson or granddaughter of any individual or the spouse of any person - To put it shortly, it includes a person related by blood, marriage or adoption...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Relatives - When allegations are raised against a person who is not falling in the categories of father, mother, husband or wife, son, daughter, brother, sister, nephew, niece, grandson or granddaughter, then Court concerned owes an irrecusable duty to see whether such implication is over implication and/or whether..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against relatives of husband - When relatives are not residing in the same house where the alleged victim resides, Courts shall not stop consideration by merely looking into the question whether accused is a person falling within the ambit of expression `relative' for the purpose of S.498-A IPC, but should also..........
