Indian Penal Code, 1860, Section 307, 149 -- Attempt to murder - Evidence on record that accused were armed with deadly weapons and were aggressors in hitting injured witnesses with weapons due to which they suffered several injuries - No contradiction or inconsistency between the version of injured witnesses - Right of private defence as alleged by accused not proved - No..........
Indian Penal Code, 1860, Section 302, 304B -- Murder - Dowry death - Charge u/s 302 IPC and alternatively u/s 304-B IPC - Merely because trial Court while discussing statement of PWs as to demand of dowry has not believed such allegations and acquitted accused u/s 304-B IPC, it cannot be said that he could not be convicted for offence u/s 302 IPC simplicitor...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Burden of proof - Room in which dead body of deceased was found was jointly shared by accused/husband and his wife/deceased - Burden is upon accused to offer an explanation as to how and in what circumstances, deceased sustained so many injuries - Accused failed to offer..........
Indian Penal Code, 1860, Section 304B, 498A, 201 -- Dowry death - Cruelty - Allegation against husband and i, laws of deceased - General allegation of demanding dowry was made against accused persons - No specific role assigned to any of accused - Though deceased died within 3 years of her marriage but there is no evidence on record to show that death of deceased was..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 465, 468, 471, 447, 511, 120B -- Anticipatory bail - Cheating - Property dispute - Entire dispute between parties is regarding execution of various documents which both parties claim to be forged and fabricated - Said fact can be decided only during course of trial - Without commenting..........
Indian Penal Code, 1860, Section 376(2)(g), 506 -- Gang rape - Age of prosecutrix - Nothing divulged as to what was exact date of birth of prosecutrix - No supporting document like birth certificate or school record was produced or proved - Apparently, prosecutrix and her family members attempted to conceal exact age of prosecutrix which was crucial to ascertain guilt of..........
Indian Penal Code, 1860, Section 376(2)(g), 506 -- Gang rape - Pregnancy of eight months - Consensual act - Version of prosecutrix is not at all consistent, as she has given conflicting and divergent versions at different stages of investigation/trial - Initially, she did not bring it to notice of her parents and family members her ordeal at any stage - No such incident..........
Indian Penal Code, 1860, Section 376(2)(g), 506 -- Gang rape - Pregnancy of eight months - Compensation - Prosecutrix repeatedly exploited by several people including accused and child born to her proves to be A-2 and there is no evidence that prosecutrix ever demanded any money from accused before offering herself for sexual relationship as such she is entitled for..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Recovery of weapon of offence - Mere recovery of lathi from house of accused is not enough to point out finger to accused, particularly, when I.O. has not sent exhibits to FSL for examination...........
Indian Penal Code, 1860, Section 304(Part II), Evidence Act, 1872, Section 3 -- Offence u/s 304(Part II) IPC - Interested witnesses - Deceased died homicidal death proved from the evidence of doctor coupled with evidence of inquest witnesses - However, evidence of PW5, son of deceased was well shaken during cross-examination, thus cannot be relied upon - Evidence of PW6,..........
