Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Two ingredients are essential to prove the offence i.e : (i) death should be suicidal in nature; (ii) there must be abetment thereof...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Reduction of sentence - Accused convicted and sentenced to undergone R.I of 3 years by trial Court - High Court reduced the sentence to period already undergone i.e 4 months and 20 days, on the ground that accused belonged to weaker section of society and first offender - Once the offence u/s 306 IPC is proved,..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred without pre-mediation in the heat of passion - Injuries were caused in the genitals of victim - No weapon was used by accused and nor he knew that victim was operated few days ago - Accused committed the offence with the knowledge that such bodily injury is likely to cause death but..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366A, 376 -- Summoning of additional accused - Kidnapping and rape - Complainant and prosecutrix both stated that petitioners were involved in crime - Petitioners arranged everything including money for accused and they forcibly got prosecutrix married to accused - Even call details of mobile..........
Criminal Procedure Code, 1973, Section 197(1), Indian Penal Code, 1860, Section 420, 409, 120B, Prevention of Corruption Act, 1988, Section 13 -- Sanction for prosecution - Offence u/ss 420, 409, 120-B IPC and S.13 of P.C.Act - Accused allegedly misappropriated public money while implementing the schemes in the course of their official duties - Acts of misappropriation as..........
Indian Penal Code, 1860, Section 302, 323, 324, 148, 149 -- Murder - Eye witnesses - All eye witnesses consistent about occurrence - Testimony of eye witnesses credible and trustworthy as it is corroborated by medical evidence - Evidence of injured witnesses cannot be disbelieved and their presence at the scene of occurrence cannot be doubted - Presence of accused `R' at..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Triple murder case - Non-examination of independent witnesses - Three murders committed simultaneously one after another - It appears natural that people of village might have been terrified and they could not gather the courage to be a witness of incident - This conduct appears to be natural - Non-examination of..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Triple murder case - Non-examination of injured witness - Incident took place inside the house - Inmates of house were the most natural witnesses as their presence in the house was natural - Injured witness was not a member of that family - How she could have gathered courage to depose against accused persons..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Triple murder case - Interested witnesses - Appreciation of evidence - Accused allegedly assaulted deceased persons by fire arms and sharp edged weapons - Incident occurred inside the house of complainant so the inmates of house are most natural witnesses - Complete consistency in the statement of interested..........
Indian Penal Code, 1860, Section 324, 325, 148, 149 -- Delay of 11 days in lodging FIR - No satisfactorily explanation for such inordinate delay - Unreasonable and undue delay of filing FIR can throw a cloud of suspicion on deeds of prosecution case - Testimony of complainant was wholly inconsistent and replete with contradictions - High Court committed grave error by..........