MADRAS HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 149, 147-- Murder - Presence of five accused in attack is proved on record - Acquittal of accused u/s 147 IPC though irregular, will not vitiate conviction u/ss 302, 149 IPC...........
MADRAS HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 32-- Dying declaration - Murder - Son of deceased informed police/PW1 about the attack upon his father - Compliant was given by deceased to Sub-Inspector of Police in which names and overt acts of attacker clearly set out - Motive of occurrence also narrated - Immediately thereafter, deceased told..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376(2)(i), 341, 323-- Rape - Prosecutrix claimed that she was raped in the field which was recently watered and was slushy - If that fact was true, there would certainly have been mud stains on salwar of prosecutrix - However, I.O claims that salwar had mud on it, but admitted that said fact was not recorded by him in..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Offence u/s 323 IPC and S.3(1)(x) of SC/ST Act - Incident took place in the residential quarter of PW14, who is daughter of complainant - However, PW14 not supported prosecution case - Genesis of case is suppressed by prosecution - No specific allegation in complaint that with an intention of..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 323, 342, Evidence Act, 1872, Section 9-- Rape of 7 years old girl - Test Identification Parade (TIP) - Photograph of accused shown to prosecutrix by her father before TIP - Prosecutrix in her examinatio, i, chief not disclosed name of accused and even his physical appearance - She however, identified accused in Court - TIP cannot be..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302-- Murder - Prior enmity between parties due to pendency of eviction suit and criminal case - Accused caused firearm injuries to deceased, resulting his instantaneous death - Incident witnessed by PW1, who duly supported prosecution case - Merely because PW1 is a interested/relative witness, his..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 323, 342-- Rape of 7 years old girl - FIR does not give description of accused either in form of age or physique - Though accused was seen running from scene of occurrence holding his pant by PW1/father of prosecutrix, but he could not see face of person who ran after commission of offence - Even in..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 307-- Attempt to murder - Minor contradiction with regard to place of occurrence does not affect the core of prosecution case, because what was primarily required to be established by prosecution was not place of occurrence, but offence u/s 307 IPC...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 409, 477A, 120B, Prevention of Corruption Act, 1988, Section 5(1)(d), 5(2)-- Misappropriation of 540 bags of fertilizers (Urea) - Complaint lodged alleging misappropriation of only 540 bags of urea but investigation revealed that entire 1040 bags of urea was misappropriated - It is specifically alleged that accused conspired with criminal intent and indulged in..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 307-- Attempt to murder - Victim was hit twice on his head with bat and thereafter was pushed down the danga - Version put forthwith by victim was duly corroborated by his wife, who deposed on similar lines as those of victim - Injuries sustained by victim duly proved on record by doctor/PW4, who opined..........