Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 498A, 304B, 34 -- Discharge - Offence u/ss 498-A, 304-B, 34 IPC - Allegation against mother-in-law - No specific allegation made against accused for either harassing deceased or treating her with cruelty for and in connection with demand for dowry - No material against accused for proceedings..........
Indian Penal Code, 1860, Section 304B, 302, 498A, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Demand of dowry - Quashing of charges - Allegation against father-in-law and brother-in-law - Petitioners were living separately from deceased - However, merely on said ground their involvement in the case cannot be discarded particularly when family members of..........
Indian Penal Code, 1860, Section 397 -- Offence u/s 397 IPC - Deadly weapon - Irrespective of whether a knife is a kitchen knife or a butcher knife it would qualify as a deadly weapon for purposes of S.397 IPC...........
Indian Penal Code, 1860, Section 393, 394, 398, 34 -- Offence u/ss 393, 394, 398, 34 IPC - Plea of guilt - Guilt was pleaded during recording statement of PWs - However, accused did not move any application for pleading guilty - Pleading of guilt in that manner thus, not recognized in criminal jurisprudence...........
Indian Penal Code, 1860, Section 393, 394, 398, 34 -- Offence u/ss 393, 394, 398, 34 IPC - Joint confessional statement - No offence made out from joint confession of accused - Substance of accusation or particulars of offences were not put to accused u/s 251 Cr.P.C - Statements of accused were recorded u/s 252 Cr.P.C, which are not in compliance of mandatory provision of..........
Indian Penal Code, 1860, Section 393, 394, 398, 34 -- Offence u/ss 393, 394, 398, 34 IPC - Recovery of knives - PW5/public witness not supported prosecution case regarding fact that accused were apprehended and knives were recovered from them - Said witness had not identified accused - PW5 denied his signatures on seizure memo - Witnesses of seizure memo not examined -..........
Indian Penal Code, 1860, Section 393, 394, 398, 34 -- Offence u/ss 393, 394, 398, 34 IPC - Charge u/s 398 IPC not framed - Accused convicted by trial Court on the basis of observations made by High Court - Moreover, no evidence led to substantiate offence u/s 398 IPC - Testimonies of PWs 2 to 4 shows that accused were prime accused and according to medical evidence..........
Indian Penal Code, 1860, Section 302, 304(Part II), 307, 308 -- Nature of offence - Accused aimed gun towards roof and then fired in marriage ceremony - Though, it was an unfortunate case of mis-firing but accused cannot absolve himself of conclusion that he carried a loaded gun at a crowded place where his own guests had gathered to attend marriage ceremony - Accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 177, 181, 193, 200, 120B -- Third bail application - Cheating - Application for bail filed after police submitted second closure report - No offence has been committed by appellant as per second closure report - Merely because trial Court was yet to accept said report, High Court ought not to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 341, 323, 506, 427, 201, 120B, 34 -- Anticipatory bail - Attempt to murder - Dispute between two groups of lawyers relating to strike which was already going on - Accused belonging to one group which was against strike - Consequently, conspiracy was hatched by accused and he called..........
