Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A -- Summoning of additional accused - Cruelty - Allegations against nephews of husband - Petitioners had been living separately with their family prior to marriage of complainant/wife with her husband - They never shared accommodation with wife - Involvement of petitioners in day-to-day family..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of two eye witnesses consistent, truthful and unambiguous - Eye witnesses have given a detailed account of occurrence and they are worthy of credit - Post mortem report tallies with ocular version - Seven ante mortem injuries were noted by Doctor due to which deceased died - Prosecution proved its case - Accused..........
Indian Penal Code, 1860, Section 363, 366, 354, 506, 342, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 363, 366, 354, 506, 342, 120-B IPC - No criminal force was applied on the victim to outrage her modesty and she was not forced by accused to marry her - Victim was 18 years old as per medical certificate and thus, she was major grown up girl and had..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324 -- Bail - Offence u/ss 307, 324 IPC - As per MLR, there were 11 injuries on persons of injured out of which 8 were caused by blunt weapon while 3 were caused with sharp edged weapon - Even, attending doctor in medico legal summary opined injuries to be grievous therefore, in view of..........
Indian Penal Code, 1860, Section 379A, 201, 34, Evidence Act, 1872, Section 3 -- Offence u/s 379-A, 201, 34 IPC - Appreciation of evidence Accused persons got recovered snatched mobile phone in pursuance to disclosure statement - However, disclosure statements does not lead to any recovery of mobile phone at instance of any of accused persons - Even, mobile phone produced..........
Indian Penal Code, 1860, Section 379A, 201, 34, Evidence Act, 1872, Section 3 -- Offence u/s 379-A, 201, 34 IPC - Appreciation of evidence - Motorcycle recovered in pursuance to disclosure statement of co-accused - Such recovery cannot be termed to be sufficient to fasten accused persons with criminal liability - Moreover, owner of motorcycle is father of co-accused and..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Death by burning - Allegation against mother-in-law - Deceased died unnatural death within 7 years of her marriage - She was subjected to cruelty and harassment soon before her death and same being in connection with demand of dowry - Presumption u/s 113-B of Evidence..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Quantum of sentence - Allegation against mother-in-law - High Court awarded life imprisonment to accused u/s 304-B IPC - However, keeping in view of age of accused, also her contribution that would be required by her family, while husband is also aged, further taking into consideration all other..........
Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Demand of dowry - Death occurred within 7 years of marriage of deceased - PWs admitted that at first instance they did not state before police about demand of dowry by accused and no independent witness has come forward to support prosecution's case - PWs 1 to 3 have not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324, 506, 34, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 307, 324, 506, 34 IPC and Ss.25, 27 Arms Act - Petitioner inflicted blow on right flank of complainant which injury was declared simple and injury declared to be dangerous to life is not attributed to petitioner - Even, trial..........
