Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - Saptapadi ceremony under Hindu Law is one of essential ingredients to constitute a valid marriage - Since there is no averment with regard to Saptapadi in complaint as well as in statements u/ss 200, 202 Cr.P.C, prima facie no offence is made out against wife -..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - Photograph of marriage is not sufficient to prove factum of marriage, especially when same are not proved on record in accordance with Evidence Act...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - Where marriage is disputed, it is not enough to find that marriage took place leaving it to be presumed that rites and ceremonies necessary to constitute a legal marriage were performed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 34, Arms Act, 1959, Section 25 -- Bail - Snatching - There is no allegation against petitioner qua directly being involved in the incident of snatching as such - Petitioner is in custody since 17.07.2023 - Without considering the merits of case, accused ordered to be released on bail...........
Indian Penal Code, 1860, Section 323, 324, 34 -- Offence u/ss 323, 324, 34 IPC - Contradictions and discrepancies in the evidence of injured and eye witnesses - None of independent witnesses have supported the case of prosecution - PWs and accused are not in good terms - Accused acquitted...........
Indian Penal Code, 1860, Section 498A -- Cruelty - General allegations of demand of dowry - No specific date mentioned as to on which date demand was made - Present case was filed after complainant was released on bail in a case for attempting to commit murder of her father-in-law - Offence u/s 498-A IPC not made out against accused - Accused acquitted...........
Indian Penal Code, 1860, Section 420, 465, 467, 471, 474, 34 -- Cheating - Fraudulent sale deed - Attesting witness to a sale deed cannot be dragged into a web of crime, if there is no other allegation except that he is an attesting witness - Proceedings against attesting witness quashed...........
Indian Penal Code, 1860, Section 302, 114 -- Murder - Presence of accused at the spot was proved beyond reasonable doubt - Nothing on record to establish that eyewitness or post occurrence witnesses were not present at the place of offence or PWs description of incidence was imaginary - Sufficient corroboration of eye witness account with depositions of post occurrence..........
Indian Penal Code, 1860, Section 302, 84 -- Murder of grandfather - Plea of insanity - Accused after attacking deceased with a sharp edged weapon trying to take out windpipe from neck of deceased - This action of accused was weird and abnormal - This clearly shows that accused was suffering from insanity at the time of incident - Benefit of S.84 IPC rightly extended to..........
Indian Penal Code, 1860, Section 302, 84 -- Murder of grandfather - Plea of insanity - Abnormal/insane behaviour of accused at the time of assault and immediately thereafter is worth notice - Star witness of prosecution stated that accused was fond of deceased and he loved deceased a lot - When accused was arrested, PW14 medically examined him and found that he appeared to..........
