Criminal Procedure Code, 1973, Section 167(2)(a)(i), Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25, 27 -- Default bail - Murder - Non-filing of ballistic report along with charge sheet - Neither amounts to filing of incomplete charge sheet nor fatal to prosecution case if ocular testimony is found to be credible and cogent - Application rightly..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Relatives - Normally, it can be taken to include, father, mother, husband or wife, son, daughter, brother, sister, nephew, niece, grandson or granddaughter of any individual or the spouse of any person - To put it shortly, it includes a person related by blood, marriage or adoption...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Relatives - When allegations are raised against a person who is not falling in the categories of father, mother, husband or wife, son, daughter, brother, sister, nephew, niece, grandson or granddaughter, then Court concerned owes an irrecusable duty to see whether such implication is over implication and/or whether..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against relatives of husband - When relatives are not residing in the same house where the alleged victim resides, Courts shall not stop consideration by merely looking into the question whether accused is a person falling within the ambit of expression `relative' for the purpose of S.498-A IPC, but should also..........
Indian Penal Code, 1860, Section 420, 417 -- Difference between the two provisions of Ss.420 & 417 IPC - Where in pursuance of deception, no property passes, offence is one of cheating punishable u/s 417, IPC, but where, in pursuance of the deception, property is delivered, offence is punishable u/s 420, IPC...........
Indian Penal Code, 1860, Section 420, 417 -- Cheating - When the ingredients to attract the offence punishable u/s 417 IPC are not satisfied there cannot be any question of such allegations/accusations attracting S.420 IPC, for the simple reason that to bring a case within the ambit of S.420 IPC, not only cheating is simpliciter but also by dishonest inducement of that..........
Indian Penal Code, 1860, Section 498A, 406 -- Cruelty - Allegations against relatives of husband - General and omnibus allegations made against A-5 and A-6 - They are nothing but exaggerated versions invariably suggesting over implication of A-5 and A-6 - Moreover, both A-5 and A-6 were residing in another city - There is lack of specific allegations against accused..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A IPC - Quashing - Courts to consider the contentions that there is lack of specific allegations against accused concerned to constitute the offence(s) against a relative or that the implication was nothing but an over implication to pressurise the family of husband to..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere mention of name of certain individual in the suicide note, stating therein that he is responsible for his death cannot ipso facto be sole basis for putting to accused to face trial or for conviction u/s 306 IPC...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Deceased committed suicide by hanging from a fan in a room of hospital where he is working - Suicide note was recovered from the pocket of trouser of deceased which shows that petitioner insulted and used abusive language by projecting deceased as..........
