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SUPREME COURT OF INDIA

Year of decision: 2015
Details

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...........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

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,..........

UTTARAKHAND HIGH COURT

Year of decision: 2015
Details

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..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

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..........

MADHYA PRADESH HIGH COURT

Year of decision: 2015
Details

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..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

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..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

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..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

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..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

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..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

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..........

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