Indian Penal Code, 1860, Section 304(Part I) -- Culpable homicide not amounting to murder - PW1 is an eye witness of incident - However, PW1 has given a general and omnibus statement about assault upon deceased as well as to himself by accused, which is not even duly corroborated by medical evidence - Neither deceased nor PW1 had any injury caused by sharp edged weapon -..........
Criminal Procedure Code, 1973, Section 245, 482, Indian Penal Code, 1860, Section 498A, 323, 406, 379, 504 -- Discharge - Offence u/ss 498-A, 323, 406, 379, 504 IPC - Complainant filed complaint against her i, laws - Discharge application of accused dismissed by Magistrate and quashing petition against the same also dismissed by High Court - No good grounds found to..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Unlawful assembly - Testimony of eye witnesses - Accused many in number came to the house of deceased with deadly weapons like swords, knife, motor cycle chain and sticks etc. - Brother of deceased/PW2 being unarmed would have naturally become frightened and may not have dared to interfere - Evidence of eye..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Unlawful assembly - Recovery of weapons - Swords were recovered on the disclosure statements of accused persons - Chemical Analysis Report showed that blood-stains found on the quilt seized from the scene of occurrence was that of blood group `A' - `A' blood group was also detected on swords which were..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Unlawful assembly - Deceased sustained as many as 26 injuries - Eye witnesses consistently spoke about incident that accused were armed with deadly weapons - Overt acts of accused is corroborated by medical evidence and also by recovery of weapons - Presence of mud on thighs and legs does not raise doubt about..........
Indian Penal Code, 1860, Section 302, 498A, 506 -- Murder of wife by husband - Quantum of sentence - High Court while awarding life imprisonment to accused also stated that it would be a minimum period of 30 years without remission - No doubt case pertains to murder of wife by husband but there are some extenuating circumstances and one of them was that after killing wife..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 320, 482 -- Cheating - Compounding of offence - Accused deposited the amount involved in alleged transaction - Complainant has no intention to proceed with prosecution, since he is getting his money - Since alleged offence is compoundable with permission of Court, accused permitted to move..........
Indian Penal Code, 1860, Section 302, 307, 149 -- Murder - Attempt to murder of injured witness - Medical evidence - Report of FSL as well as Ballistic Experts - FSL reports disclose that samples collected from scene of offence had blood stains of human origin - However, blood stains were disintegrated by time of bloodstains were examined by FSL, blood group could not be..........
Indian Penal Code, 1860, Section 302, 307, 149 -- Murder - Attempt to murder of injured witness - Unlawful assembly - Five accused collectively came to house of deceased along with deadly weapons with common object of committing murder of deceased - Merely because gun shot fired by accused did not enter body of deceased or was misfired, accused cannot be said to be..........
Indian Penal Code, 1860, Section 302, 304(Part II), 100 -- Nature of offence - Right of private defence - Case of accused is that he wielded tangi in self defence - Tangi came into hands of accused when he was trying to protect himself from being hit by PW3 - Accused also injured on the head during incident and remained in hospital for 8 days - Prosecution failed to..........
