Indian Penal Code, 1860, Section 120B, 420, 465, 467, 468 -- Cheating - Proof of - Accused are working in LIC office and alleged to have committed theft of cheques and encased amount by opening fictitious accounts of policy holders - Investigating agency did not collect any evidence as to who had stolen, deposited and withdrawn the cheque amount - No evidence to connect..........
Criminal Procedure Code, 1973, Section 374, Prevention of Corruption Act, 1988, Section 13(1), 13(2), Indian Penal Code, 1860, Section 120B, 201, 217 -- Appeal against Conviction - Illegal Gratification - Sample of Butaclore was drawn from the accused`s firm for analysis - Signature of appellant and co-accused were duly proved by the evidence of witnesses - It is proved..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A, 201, 467, 471 -- Quashing of FIR - Death due to medical negligence - Complainant alleges that deceased died due to medical negligence on the part of petitioner and in order to cover up the negligence, false report had been prepared - Petitioner was not found guilty as per two enquiries..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 148, 323, 325, 452, 149 -- Appeal against acquittal - House trespass with intention of causing grievous hurt - Fight between the parties without any prior motive - Complainant admitted that fight took place in an open area - Accused has also suffered injuries but the said injuries are not..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of FIR - During enquiry a lot of material has been collected by investigating agency and on basis of enquiry report, FIR was registered - Another FIR was also registered for stealing rice, machinery and account books of mill - Petitioner was arrested - Held, no case is made..........
Criminal Procedure Code, 1973, Section 319, 482 -- Quashing of order - Adding person as accused - Validity - During pendency of trial, charge was amended from S.306 IPC to Ss.302, 304B IPC against husband- Final Report was prepared wherein no incriminating evidence was collected against the sister in law and mother in law - In dowry harassment cases, large number of..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Expression `soon before her death' imply that interval should not be much between cruelty or harassment concerned and death in question - There must be existence of a proximate and live link between the effect of cruelty based on dowry demand and death concerned...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Suicide committed by a woman within seven years of her marriage proves the fact that deceased died otherwise than under normal circumstances...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Mere fact that no complaint was made by parents of deceased either to mediators or to Anti-Dowry Cell regarding illegal demands of dowry or harassment by accused does not lead to conclusion that no such demands were made because it is clear from the testimony of mother that she was repeatedly trying to..........
Indian Penal Code, 1860, Section 304B, 498A - - Dowry death - Cruelty - Presumption - Deceased committed suicide within 7 years of her marriage in her matrimonial home - Deceased was subjected to cruelty and harassment by accused with regard to taking a share of property of her father - It was proved that deceased was subjected to cruelty and harassment soon before her..........
