Indian Penal Code, 1860, Section 498A, 304B, 302, 34 -- Death by hanging - Cruelty & demand of dowry - Medical evidence proves that hymen of deceased was intact, which indicates that marriage between deceased and her husband/accused was not consummated - This fact is extremely material in the facts of this case and lends a great degree of credence and corroboration to..........
Indian Penal Code, 1860, Section 498A, 304B, 302, 34 -- Death by hanging - Cruelty & demand of dowry - Deceased died due to suicidal hanging - No other mark of injury was detected on the body of deceased - No complaint whatsoever ever made by PWs regarding maltreatment or torture being meted out to deceased by accused persons - I, laws of deceased were well off and..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Five out of six accused armed with sharp-edged weapons - Deceased sustained 21 injuries - No single injury by a sharp-edged weapon discovered - All injuries were on no, vital parts of body - Intention was not to cause death per se - However, multiple injuries were caused with the intention to teach a..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder of eight years old girl - Circumstantial evidence - Accused, deceased and mother of deceased were well known to each other as they were working together as labourers - Not an incriminating circumstance against accused as there are many other labourers who were working together at the construction site...........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder of eight years old girl - Circumstantial evidence - Merely because accused was not seen near the construction site, when dead body was recovered, it cannot be held incriminating against accused as accused and deceased were not last seen together and even he did not met the deceased on the date of incident...........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder of eight years old girl - Circumstantial evidence - Accused absconding after three days of incident - Merely on the basis of this solitary circumstance that accused absconded from construction site after three days, he cannot be held responsible for a heinous crime like murder and rape of deceased as accused may..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder of eight years old girl - Circumstantial evidence - Presence of mud on the clothes of accused which has been similar to place of occurrence - Mud found on the clothes of accused found to be similar by CFSL, cannot be held incriminating and conclusive against accused as prosecution has not brought on record that..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Victim PW1 specifically stated that accused committed rape on her when she was sleeping in her courtyard - Testimony of victim is supported by PW2, who rushed to the spot and saw accused raping victim - In fact, evidence of these two witnesses PW1 & PW2 supported each other and appears to be believable which is further..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Quantum of punishment - Considering accused's family background, absence of any criminal history and present age of senior citizenship, minimum sentence of 7 years R.I with a fine of Rs.10,000 and in default to undergo further imprisonment of 3 months for the alleged offences would meet the ends of justice...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by consuming poison - Allegations of mental as well as physical cruelty - Non-disclosure of incident regarding incriminatory role of accused to doctor even when deceased was in conscious state of mind, brings to factum that she committed suicide for reasons other than the one attributed to accused in..........
