SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 149, 147-- Murder - Unlawful assembly - Inconsistencies found in testimonies of PWs regarding role of accused in commission of crime - Involvement of accused as a member of unlawful assembly is doubtful - FIR lodged after delay of 4 days - Accused roped in the crime, due to inimical relationship between..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 364, 201-- Abduction and murder - Separate and distinct offence - Merely because there is common motive, second offence cannot be said to be in continuation of first incident especially when there being distinct intentions behind two offences...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
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...........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 494-- Bigamy - Second marriage during subsistence of first marriage - Compliant by Muslim wife - A Mahomedan may have as many as four wives at the same times but not more - If he marries a fifth wife when he has already four wives, the marriage is not void but merely irregular - Bigamy is thus..........
UTTARAKHAND HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 363-- Kidnapping - Prosecutrix stated that she was in love with accused and on fateful day she out of her own will went along with accused to his sister's house - Accused never forced prosecutrix to stay with him - Taking away or enticing on part of accused therefore, does not stand proved - Offence u/s..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34-- Bail - Offence u/ss 304-B, 34 IPC - As per the allegations petitioner has demanded motorcycle and other dowry articles from complainant - However, recovery memo prepared reflects that motorcycle has already been recovered - Moreover, trial will take sufficient long time as against total 26..........
UTTARAKHAND HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6-- Rape - Prosecutrix was 17 years and 7 months old on the date of incident - She never stated that accused sexually assaulted or raped her - Even, medical report of prosecutrix opined that there were no internal or external injuries on body of prosecutrix and no definite opinion about sexual assault..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
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..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 420-- Cheating - Dishonest intention not existing from the very inception - Offence of cheating not made out...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 406-- Criminal breach of trust - Agreement to sell - Property belongs to accused hence there is no entrustment of property - As far as refund of earnest money is concerned there is no proper demand for its return - Informant and his wife has not given up their claim in property and have sued for..........