Indian Penal Code, 1860, Section 363, 366A -- Kidnapping - Quashing of proceedings - Prosecutrix left the house of her parents at the age of 18 years and 2 month - She being major performed marriage with accused as per her own wish and accord - Prosecutrix living happily with accused as his wife and they blessed with a child - Continuation of criminal proceedings against..........
Criminal Procedure Code, 1973, Section 482, 468, Indian Penal Code, 1860, Section 498A, 406, 34 -- Quashing of FIR - FIR u/s 498-A, 406, 34 IPC - Earlier complaint filed in which settlement arrived at but not fully acted upon - Said complaint was not revived - Complainant filed second complaint - It cannot be said that FIR in question is beyond period of limitation -..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Serious lapse of investigation - Police has not taken the finger prints from the car - This itself not give any benefit to accused - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 8 -- Murder - Motive - Accused is a builder and his business was running into losses and customers were asking for their money - Therefore accused killed an unknown person and put him on fire after pouring kerosene oil in order to fake his death to evade his liabilities - Prosecution established motive..........
Indian Penal Code, 1860, Section 302, 148, 34, Evidence Act, 1872, Section 3 -- Murder - Appeal against acquittal by trial Court - Conviction by High Court - Appreciation of evidence - As per evidence on record, identification of accused not proved on record - Even, there is delay in lodging of FIR which provided opportunity to informant and other PWs to implicate their..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Having advanced money to deceased, accused might have uttered some abusive words - That by itself not sufficient to constitute offence u/s 306 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Act of accused insulting deceased by using abusive language will not itself constitute abetment of suicide - Unless ingredients of instigation/abetment to commit suicide are satisfied accused cannot be convicted u/s 306 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note and oral evidence of PWs would not be sufficient to establish that suicide by deceased was directly linked to instigation or abetment by deceased - Having advanced the money to deceased, accused might have uttered some abusive words, but that by itself is not sufficient to constitute offence u/s 306..........
Contempt of Courts Act, 1971, Section 2, 12 -- Punishment for Contempt of Court - Violation of Court order - Misleading the Court - Respondents found guilty of not only willful violation of interim order passed by Court but also of deliberate attempt to mislead the Court by tampering with official record and thereby causing interference with administration of justice -..........
Indian Penal Code, 1860, Section 302, 380, 452, 34, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Ocular evidence of PWs 3, 4, 10 and 11 shows that A-1 had grudge against deceased because much prior to incident it was seen and heard by them that deceased used to object A-1 for his having close association with one person who was involved in..........
