Showing : 5361-5370 of 13316 Results

RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 304A, 279-- Rash and negligent driving - Identification of accused - Identification parade not held - No evidence that driver was known to witnesses - Identification of driver by witnesses for first time in Court is of no value - No evidence as to who was driving vehicle - Failure of prosecution to establish..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 409, Prevention of Corruption Act, 1947, Section 5(1)(c), 5(2)-- Criminal breach of trust - Misappropriation of manure - Conviction - Sustainability - Exact quantity of receipt of manures, quantity of actual disposal and figure of actual balance not disclosed to Court - Prosecution not proved that accused had either misappropriated or had converted it to his..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 409-- Criminal Breach of Trust - Essentials to prove the offence - (i) Accused must be entrusted with some property or with any dominion or power over it; (ii) Dishonest misappropriation or dishonest use or disposal in violation of direction of law or legal contract by the accused himself or by someone..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 376, 498A, 406-- Bail - Grant of - Petitioner is in custody for last about 4 months - He is no longer required for purpose of investigation - Challan has already been presented in Court and conclusion of trial is likely to take time - Mother and brother of petitioner have been allowed benefit of anticipatory bail..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 304B-- Dowry death - Proof - No demand to bring motorcycle or colour TV either before or at the time of marriage - Alleged demand of motorcycle or colour TV after four months from marriage - Held, such demand cannot be said to be dowry demand - It may be an unethical or illegal demand but certainly it..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B-- Dowry death - Presumption as to - Held, to invoke S.113B of Evidence Act prosecution has to show that married woman was subjected to cruelty and harassment soon before her death in connection with demand of dowry - If demand of dowry is not proved successfully then presumption available u/s.113-B..........
PATNA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 302-- Murder - Proof - Deceased was pushed down by appellant `G' and thereafter appellant `F' sat upon chest of deceased and cut his neck with sword which proved fatal - Most of witnesses were examined promptly and if one witness was not examined just after occurrence then it does not make prosecution..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 306, 107-- Abetment to commit suicide - Absence of mens rea - Proof - Demand of dowry not proved beyond reasonable doubt - Held, it cannot be said that deceased was subjected to cruelty or harassment for demand of dowry with mens rea to drive her to commit suicide - Ingredients of S.107 IPC are missing -..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 307, 308-- Attempt to murder - Culpable homicide - Proof - Statement of doctor that injury found on person of injured not sufficient to cause death in ordinary course of nature - Held, conviction u/s.307 altered to one u/s.308 - Order accordingly...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 308-- Conviction - Release on probation - Occurrence took place 32 years before - Out of six accused persons two died and others were in confinement for 18 days and 8 days respectively - Held, accused persons can not be released on probation - However, sentence reduced to period already undergone in..........

Showing : 5361-5370 of 13316 Results