Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Deceased died due to gu, shot injury - Contention that accused `M' was carrying lathi, thus he had no role to play in the occurrence, rejected, as accused `M' had gone with other accused, who were carrying pistols and ballam with intention to kill deceased who were studying in the shed - Common..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Testimony of eye witnesses - PWs 1 to 3 deposed in detail about previous enmity between parties, their presence at the spot, weapons carried, their proximity to shed and establishment of identity of all four accused - They have also testified as regards deceased lying in a pool of blood - Nothing..........
Indian Penal Code, 1860, Section 420 -- Cheating - Distinction between mere breach of contract and offence of cheating - It depends on intention of accused at the very inception which may be judged by his subsequent conduct - However, subsequent conduct may not be the sole test...........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere failure to keep promise at the subsequent stage may not be an offence u/s 420 IPC...........
Indian Penal Code, 1860, Section 420 -- Cheating - Complainant has to allege that accused had an intention to cheat him from the very inception...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Agreement to sell - Non execution of sale deed - Entire sale amount of Rs.50,00,000/- received - Thereafter, vendor left their place of residence without leaving their addresses and shut off their mobiles - It was with clear intention so that complainant may not..........
Indian Penal Code, 1860, Section 307, 452, 324 -- Attempt to murder - House trespass - Accused allegedly entered in the bedroom of PW4 with a knife to commit an offence and thereafter attempted to kill PW4 and in that process assaulted PW3 - Blood stained knife recovered from the spot of incident - Forensic evidence supports evidence of injured witnesses - Intention of..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 201, 34 -- Discharge of accused at the stage of framing charge - There is strong suspicion against involvement of accused in the crime - To discharge the accused at this stage on the available materials on record would amount to shutting the case of prosecution, which is yet to examine its..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - As per prosecutrix, accused committed forcible sexual intercourse - However, there is no injury on the private parts of prosecutrix - Even, medical report indicates that prosecutrix is habitual to sexual intercourse, thus, medical evidence has not supported the case of..........
Indian Penal Code, 1860, Section 406, 409, 120B -- Accused on the basis of false and fraudulent documents made a claim which leads to award of compensation in land acquisition matter - Interest of State is certainly compromised or adversely effected - Matter cannot be termed as a civil dispute simplictor - Crime was therefore rightly registered - No reason to quash the..........
