Showing : 6241-6250 of 13316 Results

UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 323, 34-- Conviction based on sole testimony of victim - Sustainability - Incident happened within room of accused Subedar Major "R" - No other witness was present except another co-accused "M", who himself gave a blow of iron rod upon head of victim "S" - Victim in unconscious state was thrown outside the..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 302-- Murder - Rarest of rare case - Death penalty - In determining the culpability of an accused and the final decision as to the nature of sentence, a balance sheet of the aggravating and mitigating circumstances vis-a-vis the accused had to be drawn up and in doing so the mitigating circumstances had..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 302-- Murder - Rarest of rare case - Death penalty - A distinction has to be drawn between ordinary murders and murders which are gruesome, ghastly or horrendous - While life sentence should be given in the former, the latter belongs to the category of rarest of rare cases, and hence death sentence..........
DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 190, 403, 420-- Dishonour of cheque - Second complaint - Quashing of - Prior to filing of complaint u/ss 190/403/420 IPC, respondent/complainant had already instituted a complaint u/s 138 NI Act on the same set of allegations - Respondent has failed to give any explanation either in his complaint u/ss 190/403/420..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 482, 177, Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4-- -Territorial jurisdiction - Quashing of charge-sheet - Wife forced to leave matrimonial home and to live with parents at Dehradun - Demand of dowry continued on phone calls by the husband and father-i, law - Held, Court at Dehradun has jurisdiction to try the case - Petition dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 34, 149-- Distinction between the two provisions - Common intention denotes action in concert and necessarily postulates the existence of a pre arranged plan implying a prior meeting of minds, while common object does not necessarily require proof of prior meeting of minds or pre-concert - Though there is..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 34, 149-- Vicarious liability - It is not necessary to prove that each and every one of them had indulged in overt acts in order to apply S.34, apart from the fact that there should be two or more accused - Two facts must be established namely (a) common intention (b) participation of accused in the..........
DELHI HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 304A, 279, Criminal Procedure Code, 1973, Section 265G-- Rash & negligent driving - Reduction of sentence - Trial court convicted accused and sentenced him to 6 months SI and to pay a fine of Rs.5, 000/- - Accused a first time offender - He has adequately compensated victims to their satisfaction - He is also the only bread earner for his two minor..........
DELHI HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 306, 107-- Abetment of suicide - Accused after drinking used to harass deceased and as accused had stopped earning he demanded money for liquor - Suicide by wife - There are no element of instigation, intentionally aiding by acts or commission of illegal omission are there which are essential for..........
DELHI HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 107, 306-- Abetment of suicide - Simplicitor abusing and humiliation does not amount to abetment of suicide - For an act to fall within the ambit of offence of abetment to commit suicide an active role instigating or aiding the doing of a thing is required - There must be proof of direct and indirect acts of..........

Showing : 6241-6250 of 13316 Results