Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation that wife was beaten up both physically and mentally on demand of dowry - However, no medical document to substantiate fact of injury on complainant - None of PWs deposed that filthy languages uttered by accused to cause mental torture on complainant - Delay in lodging complaint remained unexplained - No..........
Indian Penal Code, 1860, Section 148, 149 -- Un-lawful assembly - A-3 was acquitted by Court by setting aside his conviction - He thus, was kept out of consideration of question whether there was an unlawful assembly - Since only four accused remain, thus, charge u/ss 148, 149 IPC cannot be sustained...........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent driving - Provision of S.304-A IPC is application to cases where there is neither intention to cause death or knowledge that act in all probability will cause death...........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent driving - Quashing of proceedings - Offending car was being driven at such high speed that it first dashed against footpath and then collided with a milk van coming from opposite direction and then overturned - Accused was driving the vehicle at utmost high speed inspite of having knowledge that such..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused though had knowledge and intention that his act would cause bodily harm to deceased but did not want to do away with deceased - Case of accused thus, falls u/s 300 Exceptions 1 to 4 IPC - Accused liable to be convicted u/s 304(Part I) IPC and sentenced to R.I of 10 years with fine of Rs.5,000..........
Indian Penal Code, 1860, Section 323, 325, 34 -- Offence u/ss 323, 325, 34 IPC - Accused in pursuance of common intention caused simple and grievous injury to injured witnesses - Charge u/ss 323, 325, 34 IPC is proved beyond reasonable doubt against accused - Accused rightly convicted...........
Probation of Offenders Act, 1958, Section 4, 5, Indian Penal Code, 1860, Section 323, 325, 34 -- Benefit of probation - Offence u/ss 323, 325, 34 IPC - Incident had taken place about 39 years back on the spur of moment - Both the parties are resident of same village and are living peacefully for last 40 years - Considering provisions of Ss.4, 5 of P.O. Act, accused..........
Indian Penal Code, 1860, Section 304B, 302 -- Conviction u/s 304-B - Conviction of accused u/s 302 IPC on basis of circumstantial evidence - When offence u/s 304-B IPC is proved by prosecution beyond reasonable doubt then trial Court is not required to enter the arena of offence u/s 302 IPC - Conviction u/s 302 IPC set aside...........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Criminal conspiracy - Accused was found impersonating actual candidate/co-accused in examination center and was arrested from examination hall - Admit card issued to co-accused and driving license of co-accused were found in possession of accused - OMR sheet, question booklet and answer sheet allegedly filed by..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Criminal conspiracy - Reduction of sentence - Accused persons are first time offenders and occurrence pertains to the year 2012 - Co-accused has since qualified as MCA and is working as such and accused has graduated and is now working as a professional - During last 10 years, accused persons have maintained good..........
