Indian Penal Code, 1860, Section 306 -- Previous statement made during investigation of mother - She asserted she stated the fact during investigation that the accused wanted the deceased to claim her share in the property of her father - Not stated the fact during evidence - Held witness made improvements - Demand of dowry not proved...........
Indian Penal Code, 1860, Section 306 -- Defence - Letters written by the deceased to her brother - No letter mentions the demand of dowry or of fridge, scooter or T.V. as the witnesses stated during evidence - Demand of dowry not proved...........
Contempt of Courts Act, 1971, Section 10 -- Contempt of Court - Act of contemnor also constituted an offence punishable under IPC - Jurisdiction of High Court to take cognizance is not barred - Jurisdiction of High Court is excluded only in cases where acts alleged to constitute contempt are punishable as contempt under specific provisions of the Indian Penal Code, 1860...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction by trial Court - Acquittal by High Court - Murder of five members of family over property dispute - Convicted based on testimony of PW4 brother of one of deceased and his son PW5 - Accused armed with Kirpan and he alleged to have attacked five deceased who were asleep in courtyard in house in mid night - PW4 &..........
Indian Penal Code, 1860, Section 302, 306, Criminal Procedure Code, 1973, Section 222, 464 -- Conviction for offence other than charged - Accused charged with section 302, however convicted under section 306 - Conviction upheld - Court can convict an accused for an offence for which no charge was framed unless court is of the opinion that a failure of justice would..........
Indian Penal Code, 1860, Section 302, 306, Criminal Procedure Code, 1973, Section 222, 464 -- Charge - Conviction under section 306 when accused was charged for offence u/s 302 - Wife setting herself and her two daughters on fire - Allegation of demand of dowry proved - Reason for suicide due to harassment on account of demand of dowry proved - Accused getting ample..........
Indian Penal Code, 1860, Section 304B -- Suicide by wife - Marriage more than seven years old - Accused rightly acquitted u/s 304-B...........
Indian Penal Code, 1860, Section 498A -- Deceased writing letter before death indicating harassment on account of demand of dowry - Demand of dowry established by other witnesses also - Conviction u/s 498-A upheld...........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 302, 34 -- Appeal against Acquittal - Appellate court - Scope and Ambit - No embargo on the appellate court reviewing the evidence - High Court is duty bound to go into greater details of the evidence to see whether miscarriage has resulted from acquittal - Generally order of acquittal should not..........
Indian Penal Code, 1860, Section 149 -- Common object - May be formed by express agreement after mutual consultation, but that is by no means always necessary - It may be formed at any stage by all or a few members of the assembly and the other members may just join and adopt it - Once formed, it need not continue to be the same - It may be modified or altered or abandoned..........
