Showing : 41-50 of 6394 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 324-- Offence u/s 324 IPC - A-2 alleged to have given a blow with an iron pipe on back of neck of deceased - He therefore can only be held guilty of having committed offence u/s 324 IPC, as neither S.34 IPC nor S.149 IPC are applicable in view of High Court and each accused will only be responsible for..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Death of accused - Legal heirs have right to challenge conviction of their predecessor for the purpose that he was not guilty of any offence - Legal heirs in such a case are neither liable to pay fine or to undergo imprisonment...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302-- FIR - Murder case - Inquest report and recovery memo of dead body and seizure memo of clothes, did not bear FIR number - Sub-Inspector admitted that at the time of preparing these documents, FIR was not lodged - There was thus, overwriting in police proceedings of FIR number - It shows that after..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 304(Part II)-- Nature of offence - Single blow was given to accused that too at the back - No attempt was made to give another blow and there is no evidence to show that accused was prevented from giving such another blow - Intention of accused was thus, not to kill deceased - Moreover, blow was not so..........
DELHI HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 304A, 288-- Offence u/ss 304-A, 288 IPC - Quashing of FIR - Settlement entered into between accused and family of deceased - Family of deceased do not want to take any further action in said matter - Case is pending investigation and charge sheet is yet to be filed - Deceased and other persons were involved..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320(8)-- Dishonour of cheque - Compromise - Accused and complainant compromised the matter - Complainant received Rs.10 lakhs i.e cheque amount in terms of compromise - Conviction and sentence of accused set aside - Accused acquitted in terms of S.320(8) Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Charge sheet filed and other co-accused enlarged on bail - Though allegations against respondent No.1 are of a serious nature, the present custody being prior to trial the same cannot be treated as one after conviction so as to deny bail based only on the allegations, though in appropriate..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v)-- Offence u/s 3(2)(v) of the Act - Deceased belongs to `Khangar' caste and in a wordy altercation, accused is said to have called deceased by his caste name `Khangar' and attacked him with an axe - However, no evidence to show that offence was committed only on the ground that deceased was a member..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 460, 396-- Offence u/ss 460, 396 IPC - No test identification parade of accused was conducted to establish their involvement in crime as well as there is nothing on record as to how involvement of accused in the case transpired during investigation - It would not be safe to base conviction of accused on..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Entire prosecution case proceeded on basis that A-4 and A-5 were actual assailants - Charge against present accused was that A-4 and A-5 have conspired with accused - Role of accused is that of conspirators - However, both the Courts below have not found charge of conspiracy proved -..........

Showing : 41-50 of 6394 Results