Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 504, 506(2) -- Anticipatory bail - Offence u/ss 504, 506(2) IPC - Taking into consideration facts of case, nature of allegations, gravity of offences, role attributed to accused, anticipatory bail granted to accused with conditions - Despite order granting anticipatory bail, it would be open for..........
Criminal Procedure Code, 1973, Section 245, Indian Penal Code, 1860, Section 420, 406 -- Discharge - Cheating and criminal breach of trust - Opening of Bank account as proprietor after dissolution of partnership deed - Not an act of cheating and criminal breach of trust - Accused rightly discharged...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B -- Summoning of additional accused - Dowry death - No specific allegation qua ill-treatment, much less any demand of dowry finds mention qua both of accused - Vague allegations made against them - Even investigating agency during investigation did not find any complicity of both the accused -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 328, 376, 506 -- Bail - Offence u/ss 328, 376, 506 IPC - No doubt, prosecutrix was medico legally examined on same day of alleged occurrence and MLR findings are suggestive of the fact that prosecutrix had been sexually assaulted recently, but prosecutrix being a married lady and staying with her..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Statement of deceased was recorded before his death in hospital - However, there is no consultation from doctor before recording such statement as to whether deceased was fit to give statement or not - PWs not supported prosecution story - Ocular evidence not corroborated by medical evidence - I.O had..........
Indian Penal Code, 1860, Section 302, 309 -- Murder - Allegation that accused along with her minor daughter jumped into well of village - Daughter of accused died after they were taken out of well though accused survived - Prosecution failed to produce any direct or circumstantial evidence which shows that accused had attempted to commit suicide and cause death of her..........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 307, 308 -- Modification of charge - Nature of offence - Medical evidence does not state that injury was sufficient in ordinary course of nature to cause death - Offence committed by accused does not travel beyond S.308 IPC - Framing of charge u/s 307 IPC is bad in law - Trial Court directed to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, 294, Information Technology Act, 2000, Section 66(E), 67, 67(A) -- Anticipatory bail - Offence u/ss 120-B, 294 IPC and Ss.66(E), 67, 67(A) IT Act - Perusal of FIR shows that it would be a matter of trial whether offence u/s 67(A) of IT Act is made out or not, as all other offences are..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Murder - Sudden and free fight - Accused `P' attributed injury on head of deceased - Accused also suffered injuries - It can be said that accused `P' had no intention to commit murder of deceased but had knowledge that injury inflicted by him could result in his death - Conviction altered from S.302 to S.304..........
Indian Penal Code, 1860, Section 302, 323, 34 -- Nature of offence - Murder - Sudden and free fight - Accused `M' and `ML' attributed inflicting of simple injuries to deceased - Conviction of accused `M' and `ML' altered from S.302 IPC to S.323 IPC...........
