Indian Penal Code, 1860, Section 498A -- Cruelty - PWs stated that deceased was subjected to harassment and in fact on date of death there was a phone call made to father of deceased regarding harassment - Evidence on record is more than adequate to prove beyond reasonable doubt the guilt of accused u/s 498-A IPC - Conviction u/s 498-A IPC upheld - However, accused already..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 32 -- Dowry death by burning - Dying declaration - 45% burn injuries - Dying declaration recorded on same day and deceased died after about 7 weeks of incident - Dying declaration does not either show cause of death or circumstances of transaction which resulted in death of deceased - Requirements of..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Ample evidence regarding harassment of deceased by accused Nos.1 to 3 and 5 - Against accused No.4, who was studying in the school at relevant time, there is no evidence as to any harassment - While maintaining conviction u/s 498-A IPC in respect of accused Nos.1 to 3 and 5 accused No.4 is liable to be acquitted u/s 498-A..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 357 -- Cruelty - Compensation - Deceased had been undergoing treatment for seven weeks, initially in two government hospitals and thereafter for a long period in two private hospitals - Both accused Nos.2 & 3 are directed to pay total compensation of Rs.1,00,000/- to the parents of deceased...........
Indian Penal Code, 1860, Section 304B, 498A, Criminal Procedure Code, 1973, Section 91 -- Dowry death - Summoning call details of deceased's cell phone - Call details are not relevant for offence u/ss 304-B & 498-A IPC particularly where the application u/s 91 Cr.P.C. was filed merely on the basis of self created doubt - Application rightly rejected...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Retirement of public servant - Sanction to prosecute public servant is not required for the offences under Prevention of Corruption Act, if public servant is already retired on the date of cognizance by Court - However, sanction is required for the..........
Indian Penal Code, 1860, Section 302 -- Murder - Eye witness - Accused persons assaulted deceased with knives when he and his brother PW6 accidentally fell on the road from their motorcycle - PW6 aged 17 years old at the time of incident and his trying to hide at the time when four accused persons stabbed deceased cannot be said to be unnatural - PW6 himself writing the..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 11 -- Murder - Plea of alibi - Accused No.2 taking plea of alibi that at the time of murder he was not present at that place as he was away to some other place - Incident took place at 3.30 pm however six photographs of tool receipt shown by accused No.2 was much beyond the time of incident - Accused No.2..........
Indian Penal Code, 1860, Section 107, 306 -- Abetment - Meaning - Abetment is nothing but an instigation to do a thing - Aiding intentionally a person to take an ultimate decision to commit suicide by some act or illegal suicide by some act or illegal omission also would amount to abetment...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note - Deceased along with her two daughters committed suicide after leaving behind a suicide note - Mild variation in the style of handwriting and signatures put on the suicide note found to be quite normal as deceased who had been in a nervous state having taken an ultimate decision not only to end her..........
