Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - PWs have not supported prosecution case - Circumstances relied upon in the case are not incriminating materials - Even, circumstances do not form a complete chain unerringly pointing towards guilt of accused - Since prosecution fails to discharge its burden - Session Judge erred in shifting burden to..........
Indian Penal Code, 1860, Section 302, 85 -- Murder - Plea of intoxication - Accused was not made to drink alcohol without his knowledge - Prosecution failed to show that accused consumed liquor without knowing the same or against his will - Plea rejected - Accused rightly convicted - However, since accused was not a habitual offender and incident occurred because of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, U.P.Excise Act, 1910, Section 63 -- Bail - Illegal transportation of 1100 boxes of liquor - Accused is driver of truck - Taking into account facts and circumstances of case, nature of evidence, period of detention already undergone, unlikelihood of early conclusion of trial and also absence..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Evidence of PW1, PW2 and PW3 reflects that there was consistent torture inflicted by accused with lathi, broom sticks etc - Marks of violence on different parts of body of deceased were shown to her brothers - Evidence on record also shows that Rs.20,000 was given by way of cash at the time of marriage and further pressure..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Reduction of sentence - Incident is 26 years old and there is no complaint against accused regarding their conduct in the society - It would be futile to send accused to custody after such a long time when they have been suffering from mental agony because of sentence pending for more than 20 years - Sentence of A-1 and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 188, 147, 148, 153, 323, 505, 435, 120B, 34 -- Bail - Murder - Prima facie no material is available with prosecution from statements of eye witnesses or video clips of mobile phones to show that petitioners were part of mob which caused unlawful activity at Gali No.1 resulting in..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two oral dying declarations - Murder - Deceased in his first dying declaration stated nobody's name and number of persons who were involved in commission of crime is stated to be two - Whereas, in second dying declaration, name of accused was taken with three more unknown persons - There is thus,..........
Indian Penal Code, 1860, Section 302 -- Murder - Last seen theory - Wife of deceased and PW10 stated that accused took deceased with him and he was found injured in a well after two days - There is no iota of material/evidence to show what happened during these two days - Last seen theory is weak piece of evidence and on basis of this theory alone conviction of accused..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Expression `soon before' appearing in S.304-B IPC cannot be construed to mean `immediately before' - Prosecution must establish existence of "proximate and live link" between dowry death and cruelty or harassment for dowry demand by husband or his relatives...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Death by burning - 85% burn injuries - Deceased died due to burning within 1 year of her marriage - Soon before death of deceased she was subjected to harassment and cruelty pursuant to demands of dowry - There existed a live and proximate link between instances of demand of dowry and..........
