Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, 406, 120B -- Second bail application - Dowry death - Accused No.1 is a lady aged about 65 years and has suffered incarceration for about 7 months and 26 days - She is not involved in any other case - Total 18 PWs have been cited and culmination of trial will take its own time - Nothing..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A, 506, 34 -- Cancellation of bail - Dowry death - Issue whether there were specific allegation with regard to demand of dowry, giving beatings to accused, cannot be looked into at this stage and shall be essentially gone into during the course of trial - Bail granted to accused after..........
Indian Penal Code, 1860, Section 376 -- Rape - Refusal to marry - Prosecutrix was in relationship with accused - Contradictions and deviations are in the testimony of prosecutrix - Complaint filed by prosecutrix on refusal of accused to marry her - Prosecutrix went to several places along with accused and accepted gifts from him despite her aversion towards him - She..........
Unlawful Activities (Prevention) Act, 1967, Section 43D, 13, 17, 18, 18(B), 38, 39, Indian Penal Code, 1860, Section 120B, 153A, 153AA -- Bail - Offence u/ss 13, 17, 18, 18(B), 38, 39 of UAPA and Ss.120-B, 153-A, 153-AA IPC - There are reasonable grounds for believing that accusations against respondents are prima facie true and that the mandate contained in S.43(D)(5)..........
Indian Penal Code, 1860, Section 307, 450 -- Attempt to murder - When testimony of victim and relevant witnesses were very much trustworthy and reliable, mere non-recovery of any weapon from second place of occurrence will not be fatal for prosecution case...........
Indian Penal Code, 1860, Section 307, 450, 325, 451, 221, 464 -- Nature of offence - No specific evidence of any preparation for causing harm to victim by accused - No weapon of offence was seized from the second place of occurrence - Injuries as inflicted upon victim also do not justify any inference to attract S.307 IPC - Proper provision for convicting accused would be..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation by wife against parents-in-law that they forcibly evicted wife and her husband from ancestral house - There is not even a distinct line of allegations against petitioners in the entire FIR alleging any instance of demand of dowry or committing of any cruelty to wife by petitioners in connection with said demand..........
Indian Penal Code, 1860, Section 498A, 406, 420, 120B -- Cruelty - Allegations against family members of husband - General, vague and omnibus allegations were levelled against accused in the FIR - No specific role is attributed to accused except causal reference of their names mentioned in the complaint given to police which formed the basis for registration of FIR - FIR..........
Criminal Procedure Code, 1973, Section 156(3), 154(1), 154(3), 465(2) -- Application u/s 156(3) Cr.P.C. - Non-compliance of Ss.154(1), 154(3) Cr.P.C - Charge alleging commission of offence punishable u/s 406 IPC was already filed after detailed investigation - Petitioner did not challenge the proceedings before filing final report by police - In view of protection u/s..........
Indian Penal Code, 1860, Section 498A, 506, 34 -- Offence u/ss 498-A, 506, 34 IPC - Plea of divorce by agreement - A Notary cannot grant divorce by executing the agreement of separation - As agreement of separation has no sanctity in the eye of law, therefore, it cannot be said that any divorce has taken place between the parties - Even otherwise, if any divorce has taken..........
