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RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased committed suicide by consuming insecticide - Suicide note recovered from dead body of deceased - Though filthy words were used by accused during altercation between deceased and accused just before 1 hour prior to alleged suicide but it cannot be said that accused wanted or intended deceased to commit..........

UTTARAKHAND HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix not supported prosecution case and declared hostile, as she stated that she had not developed any physical relations with accused - She further stated that she had gone on her own volition with accused and stayed with him voluntarily - Doctor who medically examined prosecutrix not given any..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 302, 109, 148 -- Murder - PW1 daughter of deceased, eye witness to the occurrence stated that accused stabbed her father with knife and fled away - Motive of crime proved on record - PW1 correctly identified assailants amongst 50-60 people who were presented for identification - Defence failed to controvert testimony of PW1 - Prosecution..........

ORISSA HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 408, Criminal Procedure Code, 1973, Section 313 -- Criminal breach of trust - Misappropriation of school bus fare - Head clerk of school allegedly misappropriated school bus fare - All teachers deposited bus fare of students with accused - No question of entrustment of bus fare was specifically put to accused during his examination -..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988, Section 184 -- Rash and negligent driving - Vehicle driven at high speed - By itself not a factor to determine the rashness or negligence without judging the situation in which driver had been placed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 148, 452, 325 -- Suspension of sentence during pendency of appeal - Accused convicted and sentenced for R.I. for 1 year and to pay fine of Rs.1000/- and in default of payment to further undergo R.I. for 1 month - Retirement of accused is due on 31.03.2017 - Accused is only bread earner in family..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 302, 304PartI -- Nature of offence - Incident occurred due to sudden fight after exchange of words which resulted in altercation and accused attacked the deceased - There was no pre-mediation - Though accused had weapons in their hands but said weapons were only used during altercation in a sudden fight - Injuries suffered by deceased..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 304PartI -- Offence u/s 304(Part I) - Accused `A' contended that eye witnesses have not mentioned his name, thus he cannot be convicted - Contention rejected, as evidence of eye witness established that presence of two accused in beginning and accused `A' joined the two other accused - Presence of accused `A' as spoken by PW6 is..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen evidence - Beheaded body of deceased found lying in the Tea estate - Family members of deceased were consistent in their testimonies that deceased and accused were last seen together - Burden is on accused to explain what happened thereafter - No explanation given by accused about events..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of weapon and severed cut head of deceased - Not corroborated by seizure list of witnesses - Recorded version of statement made by accused which led to recovery was not produced by prosecution - There was even no evidence to show as to which particular article was recovered at whose..........

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