Indian Penal Code, 1860, Section 365, 352 -- Abduction and assault - Mere acquittal of drivers and A-14, would not erode ample evidence against Accused 1 to 9, who actively participated in crime of abduction by forcibly taking PW1 and her husband to house of A-14 - Accused 1 to 9 convicted...........
Indian Penal Code, 1860, Section 279, 337, 338, 427 -- Reduction of sentence - Offence u/ss. 279, 337, 338, 427 - Petitioner is 24 years of age and has undergone substantial period of sentence - Even, no other case is pending against the petitioner, hence, sentence reduced from 1 year to 6 months u/s 338 IPC...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Murder - Delay in lodging FIR - FIR reduced to writing on basis of written report lodged by complainant - There is correction as to time of offence in FIR - However, considering the fact that carbon copy also produced of document, same also indicates that time was corrected when FIR was..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of sole eye witness - PW1/brother of deceased stated that there was a case pending regarding beating incident between parties u/s 107 IPC - He explained the entire incident and nothing brought in cross-examination as to doubt the version given by witness that is medically corroborated also and substantially..........
Indian Penal Code, 1860, Section 302 -- Murder - Source of light at the spot - There was source of light at the spot from the adjoining house and boundary wall at the spot was stated to be 2-1/2 feet which could not have obstructed light as suggested in cross-examination of eye witness - There is thus, no doubt as to version of eye witness as to visibility and source of..........
Indian Penal Code, 1860, Section 302 -- Murder - Gunshot injury - Non-presence of blackening marks on body of deceased - Gun shots were fired from a close range - However, what was exact distance has not been brought out - Moreover, deceased was wearing a hooded jacket, obviously absence of blackening on skin could not be found - That explains the version of doctor that no..........
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 504, 506 -- Sanction for prosecution - Respondent though Member of Parliament was addressing political meeting as part of campaign - Therefore, not discharging official duty in that capacity - Sanction u/s.196 Cr.P.C. not required...........
Indian Penal Code, 1860, Section 504, 506 -- Criminal intimidation - Mere use of abusive words, filthy language and body posture during the speech of a political leader is not included within the ambit of provisions of criminal intimidation u/s.506 IPC...........
Indian Penal Code, 1860, Section 302, 380 -- Double murder - Accused having illicit relations with her cousin sister, committed murder of his cousin sister and her mother - He used to threat and blackmail her - Death occurred due to multiple injuries which were sufficient to cause death in ordinary course of nature - Time between injury and death was immediate and between..........
Indian Penal Code, 1860, Section 420 -- Cheating - Dishonest intention not existing from the very inception - Offence of cheating not made out...........
