Indian Penal Code, 1860, Section 304-- Culpable homicide not amounting to murder - Quack - Death of 9 months old baby - Accused administered glucose IV fluid to victim without having qualification or knowledge to do so - Accused had no degree to practice as a medical practitioner - He was quack and committed fraud upon victim by posing..........
Indian Penal Code, 1860, Section 411-- Receiving stolen property - The essence of the offence of receiving stolen property consists in the receipt or retention, with full knowledge at the time of receipt or retention that the property was obtained in one of the ways specified in S.410 IPC - It is immaterial whether the receiver knows..........
Indian Penal Code, 1860, Section 411-- Receiving stolen property - To sustain conviction u/s 411 IPC, identity of property recovered from the possession of accused with the property stolen must be established...........
Indian Penal Code, 1860, Section 397, 392, 395-- Charge simpliciter u/s 397 IPC is defective - It is to be framed alongwith S.392 or S.395 as the case may be - S.397 IPC being not a substantive offence, but only a rider to S.392, IPC a single charge need be formed for an offence u/s 392 read with S.397 IPC...........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 482-- Cheating - Double jeopardy - Quashing of proceedings - Earlier accused was acquitted u/s 138 of N.I.Act - Subsequently complaint filed u/s 420 IPC on the basis of same facts alleged in earlier complaint - Even though offence pleaded in both the complaints are different but facts are same thus..........
Indian Penal Code, 1860, Section 392, 411-- Theft and taking and retention of stolen goods form one and the same offence and cannot be punished separately...........
Indian Penal Code, 1860, Section 392, 397, 411-- Robbery - Looted articles were recovered but not produced by prosecution - FIR does not discloses specific role played by two accused persons - PWs were pre-known to each other - Place of recovery is a busy road but non of independent witness supported prosecution story - Held, factum of robbery..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 3, Indian Penal Code, 1860, Section 302, Constitution of India, 1950, Article 72-- Death sentence - Unexplained long delay of 8 years in disposal of mercy petition - Accused is also suffering from acute mental illnesses - Held, death sentence liable to be commuted into life imprisonment...........
Indian Penal Code, 1860, Section 302, 325, 34-- Murder - Commonality of intention to cause death is established as all accused had come armed with weapons and continued beating deceased even after he had fallen down on ground - Doctors described two temporal injuries on skull of deceased caused by blunt weapon which were sufficient to cause..........
Indian Penal Code, 1860, Section 302, 201-- Murder - Appeal Against conviction - Accused acquitted - Case based on circumstantial evidence - Death of deceased was homicidal, he was killed in the house of accused - Women apparels were found between the legs of deceased but no investigation in relation to those was made - Blood stained mop &..........
