Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused came to house, picked up quarrel with deceased, beat her, poured kerosene oil upon her and set her on fire - However, when deceased raised cries, accused immediately pushed her into a water tub to put off the flames and in that process he suffered 20% burns - Incident occurred in the heat of..........
Hindu Marriage Act, 1955, Section 13A -- Divorce - Long period of continuous separation has resulted in matrimonial bond wrecked beyond repair - Marriage between parties has become a fiction - Wife filed a criminal case against husband u/ss 498-A, 504, 506 IPC but charge sheet was submitted only u/s 406 IPC and for rest of offences no evidence has been found against..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - Second spouse with whom husband or wife has married cannot be prosecuted u/s 494 IPC...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - It is only the husband or wife, who marries during subsistence of earlier marriage, can be prosecuted and punished for an offence u/s 494 IPC...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage by husband during subsistence of first marriage - Allegation against family members of husband - No allegation made against accused persons that they were aware of subsisting marriage between husband and first wife - There is no allegation made as regards the intention on the part of accused persons being..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Nothing on record to show any prior animosity between accused and deceased, nor does the entire incident proves any kind of pre-planning on the part of accused - There was no motive/intention on the part of accused - Act of accused does not meet out essential ingredients of S.302 IPC - Conviction of..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Compelling a married woman to leave her matrimonial house and to live in her parental home on account of less dowry would certainly traumatize the woman amounting to mental cruelty...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against relatives of husband - In order to prosecute near and dear relatives of husband vague, general and omnibus statements are not sufficient and unless and until a specific allegation is made against near and dear relatives of husband, they may not be compelled to face ordeal of trial...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Quashing of proceedings - Merely because FIR was lodged by way of counter blast after petition for divorce was instituted, same cannot be a ground to quash the proceedings...........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Once wife is staying at her parental home on account of ousting from her matrimonial house on account of less dowry is held to be a cruelty, then it would become a continuous offence and every day would give a fresh cause of action - FIR cannot be..........
