Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Dying declaration - Presumption - Deceased committed suicide by setting herself on fire - She was married for 13 days only - All PWs corroborated the fact that deceased was subjected to cruelty, harassment and dowry demands at the hands of her i, laws and husband -..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Reduction of sentence - Keeping in view the age of mother-in-law of deceased, her sentence is reduced to R.I of 7 years - However, sentence of A-1 shall remain unchanged...........
Indian Penal Code, 1860, Section 302, 498A, 506 -- Murder of wife by husband - Quantum of sentence - High Court while awarding life imprisonment to accused also stated that it would be a minimum period of 30 years without remission - No doubt case pertains to murder of wife by husband but there are some extenuating circumstances and one of them was that after killing wife..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 417, 420 -- Anticipatory bail - Rape and cheating - Contents of FIR and statement of victim shows that accused lured her, promised to marry and enjoyed her sexually, but for that she could not have consented - It is thus, an offence of rape u/s 375 IPC, as no free consent as contemplated by..........
Indian Penal Code, 1860, Section 363, 366, 120B -- Kidnapping - Accused solemnized marriage with prosecutrix and both were major at the time of marriage - Prosecutrix herself stated that she has gone of her own and she is not seduced by anybody - Prosecutrix even stated that her father lodged false FIR - Ossification test assure that prosecutrix is major - Marriage of two..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 320, 482 -- Cheating - Compounding of offence - Accused deposited the amount involved in alleged transaction - Complainant has no intention to proceed with prosecution, since he is getting his money - Since alleged offence is compoundable with permission of Court, accused permitted to move..........
Indian Penal Code, 1860, Section 324, 379, Evidence Act, 1872, Section 9 -- Theft - Identity of accused - Accused allegedly assaulted car driver with iron rod and took away car belonging to informant - Statement of car driver recoded after 3-1/2 years of incident - Injured car driver categorically denied accused to be person who flew away car after assaulting him - No..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 8, 12, Indian Penal Code, 1860, Section 120B -- Anticipatory bail - Illegal gratification - Petitioner per se is not a public servant and is not alleged to have received any illegal gratification - Rather, petitioner alleged to have been part of a conspiracy with conversations..........
Prevention of Corruption Act, 1988, Section 19, 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 409, 471 -- Sanction for prosecution - Cheating - Misappropriation of funds - Although investigation was conducted by CBI under the orders of High Court and charge sheet was also submitted, but competent authority did not grant..........
Indian Penal Code, 1860, Section 302, 307, 149 -- Murder - Attempt to murder of injured witness - Medical evidence - Report of FSL as well as Ballistic Experts - FSL reports disclose that samples collected from scene of offence had blood stains of human origin - However, blood stains were disintegrated by time of bloodstains were examined by FSL, blood group could not be..........
