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SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 304-- Nature of offence - All accused came to the spot with arms - Even if assumed that accused may not have come with intention of killing, fact that they were armed, indicates that occurrence did not take place in heat of passion upon a sudden quarrel - Both sides were coming to attend a Panchayat to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 324-- Offence u/s 324 IPC - A-2 alleged to have given a blow with an iron pipe on back of neck of deceased - He therefore can only be held guilty of having committed offence u/s 324 IPC, as neither S.34 IPC nor S.149 IPC are applicable in view of High Court and each accused will only be responsible for..........
CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 397, Indian Penal Code, 1860, Section 294-- Conviction u/s 294 IPC and acquittal u/ss 147, 506 IPC by trial Court - Appellate Court acquitted accused u/s 294 IPC - Revision against - It is appeal and not revision which is maintainable - Complainant is at liberty file special leave to appeal along with an appeal against judgment of acquittal..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195, 482-- FIR u/s 188 IPC - Complaint in writing not as per S.195 Cr.P.C. - FIR quashed...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376D, 377, 394-- Rape of married woman - Statement of prosecutrix is duly corroborated by medical evidence - Prosecutrix had suffered injuries on her cheeks, private part, thighs and back - There was swelling in vagina of prosecutrix - Offence was promptly reported to police - Prosecutrix was medically examined on..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366, 376, 323, 328, 506, 406-- Quashing of charge sheet - Kidnapping and rape - Prima facie it cannot be said that no case is made out against accused - Whether accused wanted to marry victim right from very beginning or not and whether consent given by victim for sexual intercourse was a free consent or not is a subject matter..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 467, 468, 471-- Second bail application - Cheating - Accused 65 years old arrested in May 2019 - Charge sheet has already been filed - No recovery is now required to be effected from accused - Accused released on bail...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 324-- Nature of offence - A-1 alleged to have used hammer and he gave a blow at the back of head or on neck of deceased - Both the injuries do not correspond with injury of back of head or neck - These injuries can be related to attack made by A-2, A-3 and A-4 who have alleged to have used iron rods -..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482-- Cheating - Quashing of summoning order - Fraud and deception in delivery of property by fraudulent acts - Magistrate passed summoning order after appreciating facts and evidence brought on record - High Court in exercise of inherent jurisdiction u/s 482 Cr.P.C is not expected to appreciate factual..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 304(Part II)-- Nature of offence - Single blow was given to accused that too at the back - No attempt was made to give another blow and there is no evidence to show that accused was prevented from giving such another blow - Intention of accused was thus, not to kill deceased - Moreover, blow was not so..........

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