Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Quashing of FIR - Suicide because of non fulfillment of demand of dowry made from sister of deceased - Suicide note recovered but not examined by handwriting expert - Even if suicide note is accepted as true no ingredients of offence u/s 306 IPC could be spelt out from the same - Merely because a person..........
Indian Penal Code, 1860, Section 364A, 34, Evidence Act, 1872, Section 9 -- Kidnapping for ransom - Test identification parade - Accused kidnapped a boy aged 6 years and demanded Rs.10 Lakhs - Sum of Rs.6 lakhs paid to accused who released the boy - Father of victim is natural and more important witness as he explained in what manner he reached the place where his son was..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Conducting cremation hurriedly and burning the dead body of deceased without informing parents and relatives of deceased is a strong militating circumstance against accused which proves that deceased was subjected to cruelty and harassment in connection with no, fulfillment of demand of dowry...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Mere demand of dowry at one or two instances may not attract the provision of S.304-B IPC though such demand might be an offence punishable u/s 498A IPC...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased died unnatural death within 7 years of her marriage in her matrimonial home - Cogent material on record showing deceased was harassed and subjected to cruelty in connection with no, fulfillment of demand of dowry made by husband and i, laws - Cremation of deceased was hurriedly taken without..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Accused Nos.2 & 3, Jeth & Jethani of deceased living separately but no evidence produced by them to prove that they are living separately - Moreover, accused No.1 in his statement has alleged that accused Nos.2 & 3 were living with deceased as a joint family - Evidence of cruelty and harassment to..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Robbery - Accused along with two co-accused fired on deceased and witnesses and took away their bicycle and cash - It was too much a coincident that accused who was resident of another village could have been identified by witnesses - There was hardly any reason for witnesses to have crossed the way on which accused..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Robbery - Circumstantial evidence - Recovery of ornaments - There is contradiction regarding recovery of silver anklets, which belies version of prosecution that silver anklets were recovered at the instance of accused - Disclosure statement made by accused and statement of PW2 make recovery of gold articles..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Robbery - Circumstantial evidence - Recovery of weapon - Accused `N' had only disclosed the spot where he had allegedly thrown the knife and in pursuance of this disclosure, no recovery has been affected - Disclosure regarding identification of spot where knife was thrown without any recovery is again inadmissible..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - No eye witness of incident except the prosecutrix herself - Nobody is even seen prosecutrix while accused was taking her away with him - Delay of more than 3 days in lodging of FIR - No report has been lodged even about missing or `Gumshudagi' of prosecutrix - Prosecutrix not only admitted her..........
