Indian Penal Code, 1860, Section 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(x) -- Offence u/s 504 IPC and S.3(i)(x) of SC/ST Act - Appeal against acquittal - Leave to appeal - Fact of calling the first informant and his brother with caste name at public place not proved - Specific words, allegedly uttered during incident..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused and deceased quarreled over accused's involvement with another woman immediately preceding incident - He was in a drunken condition - Circumstances of case show that accused may have been deprived of his power of self control and robust denial by wife to allow accused the pleasure of company..........
Indian Penal Code, 1860, Section 339, 340 -- Wrongful confinement and wrongful restraint - Wrongful confinement as defined in S.340 IPC is a species of wrongful restraint as defined in S.339 IPC - While, in wrongful restraint, there is only a partial suspension of ones liberty, wrongful confinement reflects total suspension of liberty beyond certain prescribed limits -..........
Criminal Procedure Code, 1973, Section 97, Indian Penal Code, 1860, Section 342 -- Search warrant - Wrongful confinement - When custody of minor children are with their father, unless there was material to show that custody was illegal or in violation to some order passed by Court, it cannot be considered or treated as illegal confinement or wrongful custody so as to..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Cruelty or harassment sans demand of dowry, which forces wife to commit suicide attracts offence of abetment of suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - `Instigation' is to be gathered from the circumstances of the case- In a particular case, there may not be direct evidence relating to instigation, having a direct nexus to the suicide - There may be case where the circumstances created by the accused are such that an individual may feel completely frustrated..........
Indian Penal Code, 1860, Section 498A -- Cruelty - There was demand of money by A-1 from deceased - However, there was no evidence of cruelty being committed by A-1 to deceased - A-1 held, not guilty of offence u/s 498-A IPC...........
Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Demand of dowry - Quashing of FIR - Allegation against applicant No.5/sister of father-i, law of complainant - Except omnibus and vague allegations, no specific overt act ascribed to applicant No.5 - Applicant No.5 residing separately - Allegations of harassment due to no,..........
Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Demand of dowry - Quashing of FIR - Applicant Nos.1 to 4 constantly demanding an amount of Rs.10 lacs from complainant and because of no, fulfillment of the same, she was harassed and treated with cruelty - Even now complainant was residing with her parents - Sufficient..........
Indian Penal Code, 1860, Section 323, 137, 504, 506 -- Offence u/ss 323, 137, 504, 506 IPC - Appeal against acquittal - Leave to appeal - Injuries proved by medical officer are in contradiction with injured/complainant - Injury report itself is contradictory to prosecution case - Complainant failed to prove its case and specific words which were allegedly uttered, with..........