Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Complaint u/s 498-A IPC and Ss.3,4 of Dowry Prohibition Act - Settlement arrived at in between the parties - Parties consciously chose to unconditionally drop all proceedings related to marriage inter se including criminal action - Criminal..........
Indian Penal Code, 1860, Section 100 -- Right of private defence - It is essentially a defensive or preventive right circumscribed by statue and not retributive one, therefore, one who himself is an aggressor cannot claim right of private defence...........
Indian Penal Code, 1860, Section 100 -- Right of private defence - Offence u/s 304(Part I) IPC - There was quarrel and mutual fight between deceased and accused - Accused brought hoe during course of quarrel and inflicted injuries to deceased which led into her death - Plea of private defence rejected...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Sudden quarrel took place between deceased and accused - Initially accused was not armed with any weapon and he brought hoe during quarrel - Injuries caused to deceased by blunt side of weapon - Accused did not take any undue advantage while inflicting injuries - There is no premeditation on the part..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 448, 380 -- Quashing of proceedings - Offence u/ss 448, 380 IPC - Issues raised reflect a civil dispute with regard to inheritance amongst legal heirs - Civil proceedings in that regard are already instituted by various parties including complainant - Even otherwise, entire allegations with regard..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Dying declaration - Murder - Death by burning - 98% burn injuries - Dying declaration of deceased does not bear any certificate of doctor that patient was in a fit condition to give such statement - On the contrary doctor categorically stated in cross-examination that deceased was not in a position to..........
Indian Penal Code, 1860, Section 302 -- Murder - Acquittal of some of accused would not make basis of acquittal of present accused - Assuming that if some of accused have wrongly been acquitted by trial judge, it does not mean that similar treatment should be given to accused - Contention of defence that as some of accused acquitted, accused also deserves acquittal,..........
Indian Penal Code, 1860, Section 302 -- Murder - Statements of two PWs proves that on the date of incident, it was accused who caused firearm injuries to deceased resulting in his death - Post mortem report of deceased also supports prosecution case - Prosecution proved its case - Accused rightly convicted...........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Call girl - Respondents No.2 & 3 shouted at the deceased girl calling her a call girl - Deceased committed suicide on the next day - There is no abetment - Suicide committed by victim cannot be said to be the result of any action on part of respondents nor can it be said that commission of suicide by the..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 30 -- Blind Murder case - Circumstantial evidence - Star witness of prosecution PW3 not supported prosecution case and turned hostile - Complainant deposed in tune with FIR - There is no eye witness to incident - PW4, though stated that white colour scooty was seen to be parked on the spot, but he never..........
