Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 341, 323, 506, 427, 201, 120B, 34 -- Anticipatory bail - Attempt to murder - Dispute between two groups of lawyers relating to strike which was already going on - Accused belonging to one group which was against strike - Consequently, conspiracy was hatched by accused and he called..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by husband - Cruelty - Wife making unnecessary allegations, commenting upon character of her husband and his sister in public at large causing mental cruelty - Witnesses of wife also not found to be believable as they have not seen incidence of torture on wife by husband - Also wife has earlier filed case..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Identity of accused not disputed - Role of accused is clearly established - Witness of fact clearly specify role of accused - Presence of accused fully established - FIR is very prompt - Medical report corroborated with oral testimony of PW1 and PW2 - Prosecution proved its case against accused - Accused rightly..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Incident occurred more than 33 years ago - Accused is aged about 60 years now and during intervening period, he had not indulged into any criminal activity nor he had any criminal background - He is well rooted in society - During trial accused was in jail for more than 9 years - Sentence of accused thus,..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Dowry demand - Discharge on ground of territorial jurisdiction - Plea that cruelty and harassment alleged to be at place `G' as such Court at place `R' has no jurisdiction - Emotional distress or psychological effect on wife, if not..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 506 -- Delay in lodging FIR - Rape case - Long silence regarding alleged occurrence of prosecutrix and her husband both of whom were well educated creates doubt regarding prosecution story, particularly when explanation put forth by prosecution regarding delay in lodging FIR are not appealing..........
Indian Penal Code, 1860, Section 376, 506 -- Rape of married woman - Sole testimony of prosecutrix - Husband of prosecutrix was already in knowledge about said incident - It is thus, not clear as to why prosecutrix and her husband did not report alleged incident to police immediately - Prosecutrix herself admitted that even during next 15 days after alleged incident, she..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - 100% burn injuries - Mere fact that no kerosene smell is observed or perceived from body of deceased while conducting autopsy, same would not rule out death of deceased by setting herself ablaze by pouring kerosene on her body, as deceased had sustained burn injuries all over her body and same would reveal of..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - 100% burn injuries - Accused had repeatedly driving deceased to her father's house to fetch more amount as demanded by him - PWs 1 to 5 are reliable and their evidence is acceptable - Prosecution established that deceased died due to dowry harassment committed by accused and cruelty inflicted upon deceased by..........
Indian Penal Code, 1860, Section 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Cheating - Discharge - Allegation that by presenting fake and forged treasury challans, necessary passes were obtained to lift liquor thereby causing loss to public ex-chequer through cheating, forging and criminal conspiracy - Admittedly, licence is in the..........
