Indian Penal Code, 1860, Section 325, 323 -- Offence u/ss 325, 323 IPC - Quantum of sentence - Victim sustained grievous injury on a vital portion of body i.e the head, which was fractured - Doctor opined that injury was life threatening - High Court was too lenient in imposing sentence of six days only which was period already undergone by accused in confinement - Since..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Asking deceased to cook properly or to do her household work properly by itself, would not mean that she was ill-treated...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Allegation that deceased was being scolded by her i, laws including her husband on the ground of not cooking properly or not doing household work - Telling the deceased to cook properly or to do her household work properly by itself, would not mean that she was ill-treated - As regarding..........
Indian Penal Code, 1860, Section 304B, 34, 201 -- Dowry death - Framing of charges - Death of deceased caused by ailments as she was suffering from severe jaundice and Hepatic failure - Death not caused due to any burns or bodily injuries and not caused otherwise than under normal circumstances - More so, family members of deceased were present at the time of funeral -..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Occurrence took place in the heat of moment and assault was made without premeditation at the spur of time - Genesis of occurrence was loud playing of a tape recorder in the house of deceased objected to by accused - Verbal argument ensued between parties and accused rushed across to his house came..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 417, 166, 167, 218, 120B -- Cheating - Criminal conspiracy - Quashing of proceedings - Allegations made against accused are very generalized insinuations - It is alleged that accused is a part of conspiracy but not an iota of evidence produced in support of same - Similar allegations were made against other accused..........
Indian Penal Code, 1860, Section 84, 302, 307, 374 -- Unsoundness of mind - Murder - Defence of insanity - Appellant charged of throwing two boys and one girl into well, out of which one boy and a girl were dragged out but one boy could not be traced - Evidence of doctors who treated accused stated that she was suffering from mental disease known as premenstrual stress..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Attempt to murder of injured witnesses - Recovery of weapon - A-1 gave confessional statement on the basis of which weapon of offence was seized - Witnesses of recovery admit their signature on mahazar but they stated that they had not seen the recovery of material objects - Recovery of weapon of offence though not..........
Indian Penal Code, 1860, Section 302, 307, 100 -- Murder - Attempt to murder of injured witnesses - Right of self defence - Defence does not have a case that injured witnesses had come with any weapons - Accused were not injured in any manner - What was the reason for A-1 coming with a chopper when his name was called by deceased, definitely, he had an intention to commit..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Attempt to murder of injured witnesses - Deceased and PW2 sustained severe injuries during incident clear from evidence of PW1, PW2, PW16, PW19 and said fact is corroborated by medical evidence of Doctor, PW8, PW9 and PW13 - Some omissions and contradictions in testimony of injured witnesses were there with reference to..........
