Indian Penal Code, 1860, Section 302, 149, Arms Act, 1959, Section 27 -- Murder - I.O did not seize the blood-stained soil from the place of occurrence nor blood stained clothes of deceased were sent for necessary analysis to FSL - Even there is no recovery/discovery of weapon allegedly used in commission of alleged incident from any of appellants - It is specific defence..........
Indian Penal Code, 1860, Section 395 -- Offence u/s 395 IPC - Identification of accused through TIP, recovery of stolen articles and corroborative evidence of PW2, PW7, PW8 established the commission of offence by accused - Miscreants had carried away the property being truck as well as snatched away the silver locket and wrist watch which was recovered later on - Three of..........
Criminal Procedure Code, 1973, Section 438(4) -- (As in U.P.) - Anticipatory bail - Offence u/s 376(3) IPC - Application for pre arrest bail is maintainable...........
Criminal Procedure Code, 1973, Section 438(4) -- (As in U.P.) - Anticipatory bail - Offence u/s 376(3) IPC - Accused has no criminal history - No credible evidence against accused - Accused undertakes to co-operate during proceedings before Court below - Considering nature of accusations and antecedents of accused, anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 319, 193, Indian Penal Code, 1860, Section 304B, 34, 201 -- Summoning of additional accused - Court of Session can summon a person as an accused u/s 193 Cr.P.C between two stages i.e taking cognizance by Court of Sessions and framing of charges and proceeding with trial being Court of original jurisdiction - In such an event, Court..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 354, 323, 313, 34 -- Anticipatory bail - Cruelty - Allegations against parents-in-law regarding cruelty and dowry demand not proved, as complainant left the matrimonial home and complaint filed after a gap of almost one year - Documents placed on record reveal that no list qua articles..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Utterances made in a moment of anger or emotion cannot be deemed instigation...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased left behind suicide notes both undated, detailing the manner in which accused has subjected him to harassment - All instances of mental torture and harassment referred to in the suicide notes had occurred even before deceased left her matrimonial home - These incidents cannot be conclusively deemed as..........
Indian Penal Code, 1860, Section 306, 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Abetment of suicide - Quashing of proceedings - Specific statement of informant is on record that there was demand of dowry - Independent witnesses who are resident of same area also stated that there was dispute between husband and wife - Whether wife has died on account of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420 -- Bail - Cheating - Allegation pertain to cheating on assuring visa under the garb of payment of money - Involvement of petitioner and gravity of offence does not entitle petitioner to bail at this stage - Bail application dismissed - However, on completing six months of total custody, if..........
