Indian Penal Code, 1860, Section 302, 323, 201, Criminal Procedure Code, 1973, Section 227 -- Murder - Discharge - Death of deceased was natural as per expert witness who carried out postmortem on the body of deceased - No external injuries found on the body of deceased - No material to proceed against accused in private complaint filed by father of complainant - Accused..........
Indian Penal Code, 1860, Section 498A -- Complaint u/s 498-A IPC at the instance of second wife is not maintainable...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge u/s 307 IPC - No grievous injuries have been caused to injured and injured received simple injuries - Two necessary ingredients i.e intention of or knowledge relating to commission of murder and doing of an act towards it are missing - Trial Court committed an error in framing charge for offence u/s 307 IPC -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 409, 504, 506 -- Quashing of proceedings - Cheating - Mere fact that allegations also make out existence of civil dispute would not be a ground to quash criminal proceedings when allegations clearly make out commission of cognizable offences by accused - Correctness of allegations will be..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 376(2)(n), 420, 406, 506 -- Summoning of additional accused - Rape case - Allegations levelled against proposed accused are general and vague in nature - Causal reference of their names without referring to the part specifically attributed to them by saying that they were supporting main accused,..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 34 -- Summoning of additional accused - Offence u/ss 306, 34 IPC - General and vague allegations levelled against proposed accused - Causal reference of their names that they had connived with main accused already arraigned or by saying that beatings were extended by them at their behest..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Instigation - Mere fact that husband or wife treated the deceased spouse with cruelty so also the word uttered in a fit of anger or emotion without any intention cannot be termed as instigation...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note - Deceased has only mentioned in the suicide note that he was upset with accused and her family members - No specific allegation has been leveled by deceased against accused in the suicide note - Even, if allegations as contained in the FIR and statements of witnesses are taken as it is even then it..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Murder - For trial u/s 302 IPC, if a witness is branded as untrustworthy having allegedly twisted facts and made contrary statement, it is not safe to impose conviction on the basis of statement made by such witness...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Recovery of Kulhari from A-2 and lathi from A-1 not proved - Deceased sustained four injuries over his head - Allegations against A-4 that he inflicted injuries over head of deceased on more than two occasion - However, statement of eye witnesses does not inspire confidence in second trial against A-4 - Credibility of..........
