Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Quantum of sentence - Mere acquittal of some of co-accused by itself does not lead to conclusion that all deserve to be acquitted in case appropriate reasons are given on appreciation of evidence both in regard to acquittal and conviction of accused - Moreover, co-accused were living separately from..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet not filed within stipulated period of 60 days - Default bail sought - After expiry of 60 days offence u/ss 467/468 IPC registered - Will not take away right of accused to get default bail provided he is prepared to furnish bail to the satisfaction of Magistrate - Bail granted...........
Indian Penal Code, 1860, Section 320, 322, Criminal Procedure Code, 1973, Section 468 -- Emasculation - Limitation - Petitioner along with 400 other males underwent castration surgery on inducement of 5th respondent that such emasculation would lead to realization of God - Compliant lodged after 12 years of incident - Question of delay in launching criminal prosecution may..........
Indian Penal Code, 1860, Section 320, 322 -- Grievous hurt - Emasculation - Entrustment of investigation to CBI - A large number of persons who are said to have been affected are spread over several States - Victims are from Punjab, Haryana and Rajasthan - It is not known whether the persons belonged to other States are also involved - Imperatives for tightening the rigour..........
Indian Penal Code, 1860, Section 302 -- Murder - Sole eye witness - PW1 does not appear to have seen the occurrence as he has not stated as to who out of two accused was having `Bogdas' (Sharp edged weapon) - Conduct of PW1 is also doubtful as he neither raised any alarm nor made any effort to save deceased although he claims himself to be present at the spot - Statement..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Circumstantial evidence - FIR shows that three persons committed the murder whereas PW2, PW3 and I.O. stated that four persons committed murder - Contradictions in the statements of PWs regarding date, time and place of arrest of accused persons - Murder committed by cutting throat of deceased..........
Indian Penal Code, 1860, Section 328 -- Causing hurt by poisoning - Informant was poisoned or some sort of sedative was administered by accused in order to remove his belongings - Doctor not examined to prove that any poisonous substance was found in body of victim - Ocular evidence not supporting prosecution case as none of PWs has claimed to be eye witness to occurrence..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/ss 420 & 34 IPC - Earlier bail application was rejected by Additional Session Judge - Second bail application was allowed by another Additional Session Judge - Second Judge cannot entertain bail application especially when earlier Judge was available - However, it is duty of prosecution to bring it..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Demand of dowry - Every kind of harassment does not attract the offence u/s 304B IPC - It is only harassment in connection with demand for dowry, which is an offence u/s 304-B IPC...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Deceased died unnatural death by consuming some medicine within 1-1/2 years of her marriage - Cause of death has been established as the presence of Aluminium Phosphide but it is unclear whether this was a result of accused or his relatives administering some medicine to..........
