Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 323, 324, 427, 452, 34 -- Compromise - Quashing of FIR - Offence u/ss 307, 452, 324, 323, 427 & 34 IPC - Matter still under investigation - Injured victim entered into compromise and recorded his statement in this regard before trial Court and there is rare, rather nil possibility of victim..........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Deceased was an accused in the murder of father of accused `S' - Role of accused `S' in commission of crime to take revenge after acquittal of deceased cannot be doubted - Involvement of accused `F', as he was caught by villagers immediately after incident, can also not to be doubted - However, presence of accused..........
Indian Penal Code, 1860, Section 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va), 3(1)(r)(s) -- Offence u/s 323 and Ss.3(2)(va), 3(1)(r)(s) of SC/ST Act - Allegation that accused assaulted PW2 with axe and also abused him with castiest remarks - Alleged eye witness PW4, not supported prosecution story and turned hostile -..........
Indian Penal Code, 1860, Section 302, 323, 148, 149, 460 -- Murder - Collective culpability - Nine accused tried and eight of them acquitted - Sole accused convicted under the provision of collective culpability, which too is unsustainable in law - Even otherwise, there is no evidence on record to prove guilt of accused as PWs stated that accused was having an axe but..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of complaint and summoning order - Complaint by muslim wife against husband - In the instant case, husband gave talaq to his wife by uttering words talaq, talaq, talaq and thereafter wife filed complaint against husband on..........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 498A, 323 -- Revision against acquittal - Cruelty - Trial Court made sincere endeavour to appreciate evidence which was available on record, while recording its finding favouring accused for extending benefit of doubt - First appellate Court examined entire evidence and concluded in clear and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504, 506 IPC - Quashing of summoning order - Accused assaulted complainant with legs and shoes and threatened him that if he makes any complaint to police he will be killed - Magistrate after recording evidence of complainant and witnesses and after hearing..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(d), 323, 452 -- Quashing of order - Order summoning accused - Gang Rape - No material on record that accused committed rape upon prosecutrix - Except from bald assertions of prosecutrix that all accused raped her, there was nothing which could led the Courts to form a opinion that it is a fit..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 147, 148, 149, 504, 114 -- Bail - Honour killing - Deceased and daughter of accused eloped and entered into inter caste marriage - Accused committed murder of deceased - Twice bail application of accused rejected and matter travelled to Supreme Court - Once Supreme Court declined to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 354, 452, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Anticipatory bail - Offence u/ss 323, 354, 452 IPC and S.3(1)(xi) of SCST Act - Accused in order to outrage the modesty of Scheduled caste woman entered into her house and caught hold of..........
