Indian Penal Code, 1860, Section 364A -- Kidnapping for ransom - Recovery of victim - Absence of signature of victim on recovery memo - Omission on the part of police to obtain signature of victim on recovery memo when read in its entirety along with attendant facts and circumstances may create suspicion regarding authenticity of recovery memo and as such same is legally..........
Indian Penal Code, 1860, Section 364A -- Kidnapping for ransom - Story of kidnapping of victim aged 14 years, positively denied by all PWs in their cross-examination - Informant has gone to the extent by deposing that name of accused was written in FIR at the instance of crowd - Even entire record shows nothing that accused ever demanded any ransom from informant -..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred when accused sat down to pass urine in order to tease deceased - Accused struck lathi blows when being objected by deceased who also hurled abuses - Incident occurred on the spur of moment - Accused has no mens rea to commit the murder of deceased - There is no predetermination and..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, 3(2)(Va), Indian Penal Code, 1860, Section 323, 341 -- Anticipatory bail - Appeal against order rejecting application for anticipatory bail - Appeal u/s 14(1) of Act of 1989 is appealable - As offences in question are bailable, bail granted to accused in the facts and circumstances of..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - In order that a person may be guilty of an attempt to murder, following two ingredients must be present:-(i) an intention or knowledge for committing murder; (ii) the doing of an act towards it...........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Accused found absconding after the incident - It can be assessed that if there is no complicity of accused with the offence alleged, there should be no occasion for him to abscond immediately after the occurrence and his conduct itself is a relevant factor in the given circumstances...........
Indian Penal Code, 1860, Section 326, 457, Evidence Act, 1872, Section 8 -- Offence u/ss 326, 457 IPC - Motive - Accused was staying in the house of informant and when informant asked accused to return money he borrowed and vacate his house accused assaulted mother and son of informant - Said act of accused indicates motive on part of accused to commit the offence so as to..........
Indian Penal Code, 1860, Section 307, 326, 457 -- Offence u/ss 307, 326, 457 IPC - Delay in filing of FIR - Informant being guardian of two injured persons was busy in attending both of them in the hospital on critical conditions - Such delay in filing of FIR is not doubtful...........
Indian Penal Code, 1860, Section 307, 326, 457 -- Reduction of sentence - Offence u/ss 307, 326, 457 IPC - Though two victims sustained grievous injuries on their persons but accused had no intention to cause death of those persons to constitute offence u/s 307 IPC - Order of conviction u/s 307 IPC set aside - Since accused is already behind bar for more than 1 1/2 years,..........
Indian Penal Code, 1860, Section 304(Part II), 34, Evidence Act, 1872, Section 32 -- Culpable homicide not amounting to murder - Dying declaration - Accused died after six days of incident after giving dying declaration - Deceased narrated the specific role to accused and his statement is totally trustworthy and admissible in evidence - Two stab wounds were found on vital..........
