Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 326, 324, 323, 34 -- Anticipatory bail - Offence u/ss 326, 324, 323, 34 IPC - It is a case of version and cross version and it is to be determined by trial Court on basis of evidence as to who is aggressor party - No useful purpose will be served by sending the petitioner to custody - Bail..........
Indian Penal Code, 1860, Section 498A, 323 -- Cruelty - No tangible material either of a dowry demand or assault suffered by wife in any case, despite one episode in which an attempt was made to push wife in a canal that too not proved on record - Case of husband is not at all different from other co-accused who already acquitted - Conviction and sentence set aside -..........
Indian Penal Code, 1860, Section 323, 308, 34 -- Nature of offence - Solitary head injury given to injured by lathi blow indicates that no bony lesion or any internal damage was caused - How such injury could prove dangerous as per PW5/doctor - No reason was given by PW5 for the same - There is no repetition of blow by accused - There was no intention or any knowledge on..........
Indian Penal Code, 1860, Section 323, 34 -- Offence u/ss 323, 34 - Quantum of sentence - Incident occurred 39 years ago - Accused `M' is aged about 75 years and accused `R' is aged about 60 years - Accused remained in jail for more than 10 days after conviction and also few days during trial - Sentence already undergone by accused meet ends of justice...........
Indian Penal Code, 1860, Section 376, 323, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape of 9 years old girl - Prosecutrix narrated entire incident of rape to her aunt and thereafter to her mother - Statement of prosecutrix recorded u/s 164 Cr.P.C duly corroborated by statements of PW2, PW3, PW4 - PW2 and PW4 noticed blood stains on clothes of..........
Indian Penal Code, 1860, Section 323, 452, 506, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Offence u/ss 323, 452, 506, 34 IPC and S.3(1)(xi) of SC/ST - It is not proved on record that accused persons used derogatory words against prosecutrix with intention to defame and insult her - It is also not proved on record..........
Indian Penal Code, 1860, Section 323, 324, 325, 148, 149 -- Offence u/ss 323, 324, 325, 148, 149 IPC - Accused convicted by trial Court on the basis that it is a case of free fight - Court has to record reasons as to how presence of accused is established by some cogent material and evidence - Trial Court not scrutinizing evidence about participation and presence of all..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 323, 324, 341 -- Compounding of offence - Offence u/ss 323, 324, 341 IPC - All the offences are compoundable in nature and thus, can be compounded even at appellate/revisional stage - Accused acquitted of charge u/ss 324, 341 IPC in view of compromise...........
Indian Penal Code, 1860, Section 302, 324, 323, 148, 149 -- Murder - Property dispute between parties - Complainant party come to the spot which is in possession of accused `G' along with trolley loaded with bricks etc., to take possession of said land - It indicate intention of complainant party - It cannot be said that complainant party had gone to place of occurrence..........
Indian Penal Code, 1860, Section 302, 324, 323, 148, 149, 100 -- Murder - Right to private defence - Property dispute - Occurrence took place on the land belonging to accused `G' regarding possession of said land - Complainant party had entered the plot along with trolley loaded with bricks and caused injuries including grievous hurt on vital parts of accused party -..........
