SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 195,340,239, Indian Penal Code, 1860, Section 177,181,182,195-- Offence u/s 177, 181, 182 and 195 IPC - FIR lodged by a private person - Plea that it can be lodged only by Court - Provision of S.195 Cr.P.C. is not applicable to offence u/s 195 IPC - Provisions of Ss.195 & 340 Cr.P.C. not applicable to offence u/ss 177 and 182 IPC - Held, considering the..........
PATNA HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 307, 324, 149-- Attempt to Murder - Conviction - Sustainability - Incident took place on the point of measurement of disputed plot - Case of sudden provocation and free fighting - No intention to kill appeared at all - None of the injuries found grievous - Incident took place in 1993 and accused faced ordeal of..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 34,302, 304I-- Murder - Conviction - Two set of evidence - Prosecution seeks to rely on testimony of both evidences - Raises doubt upon actual role having played by accused - No pre-mediated act on the part of accused to commit murder - Only one injury was caused by appellant on the chest of deceased which was..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379,411-- Bail - Offence u/ss 379 & 411, IPC - No recovery as alleged by prosecution - No independent witness of alleged recovery - No credible evidence regarding applicant's complicity in alleged offence - False implication just to harass - No chance of applicant's fleeing away from judicial process or..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 302,34, 498A-- Murder - Conviction of husband - Sustainability - Three dying declarations - So far as husband is concerned two dying declarations are consistent - PWs revealed that immediately after occurrence when deceased was lying on the side of road, she disclosed to them that her husband set fire to her -..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 302,34, 498A-- Murder - Conviction of mother-in-law - Sustainability - No participation of accused disclosed in setting fire to deceased - In statement of deceased, it was merely mentioned that mother-in-law harassed her - No allegations made against appellant specifically - No cogent evidence on record to hold..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 302,34, 498A-- Murder - Conviction of brother-in-law - Sustainability - Inconsistency in respect of act of accused casting doubt about his involvement in incident - Seems possible that deceased might have roped him because of his being brother of her husband - Held, since statement of deceased cannot be..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 13(2)-- r/w 13(1)(c)(d), Indian Penal Code, 1860 - Anticipatory Bail - Allegation of providing benefit to the candidates for appointment by interview board for gain - Appellant had been a regular expert in the Selection Committees of UGC, AICTE, ICSSR and other Universities - Appellant was not acquainted..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307-- Second bail application - Attempt to murder - Petitioner caused stabbed wound in the abdomen and left shoulder of complainant's brother with intent to cause death - No X-ray report on record to show that injuries are of grievous nature - Accused not arrested on the spot - Weapon used not..........
DELHI HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 304B- - Cruelty - Dowry death - Conviction of accused Appeal - Suspension of sentence - Main ground for suspension of sentence and grant of interim bail is that the appellant is in jail for more than six years and want to establish family and social ties - Held, having regard to the facts and..........