Indian Penal Code, 1860, Section 452, 308 -- Offence u/ss 452, 308 IPC - Serious contradictions in the evidence of alleged eye witnesses and injured witnesses - No plausible explanation given for delay of three days in lodging FIR - Injuries suffered by injured are simple in nature and were not of such a nature which could result in death - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 308, 338 -- Nature of offence - Accused being conductor of bus rang the bell without waiting for PW1/injured to board the bus - PW1 fell down on the road and came under left rear wheel of bus - Grievous hurt was caused to PW1 as she suffered fractures of pelvis - Accused did not verify whether passengers had properly boarded the bus - He is..........
Indian Penal Code, 1860, Section 308 -- Offence u/s 308 IPC - Intention or knowledge and circumstances in which act has been done is material u/s 308 IPC and not the injuries...........
Indian Penal Code, 1860, Section 308, 323, 504, 506, 147, 148, 149 -- Offence u/ss 308, 323, 504, 506, 147, 148, 149 IPC - Allegation that accused persons assaulted injured with lathi, danda and butt of country made pistol causing head injury - At the stage of framing charge, test of prima facie case has to be applied - Since, there is sufficient ground to frame charge in..........
Indian Penal Code, 1860, Section 308, 447, 427, 341, 323, 325, 34 -- Attempt to commit culpable homicide - Injury report of injured though reveal grievous injuries, but none of them have been opined to be dangerous to life - However, medical report showing extraction of pellet from the lip of victim which has changed the dimension of case - Such medical evidence cannot be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 452, 308, 323, 504, 506 -- Quashing of FIR - Offence u/ss 376, 452, 308, 323, 504, 506 IPC - An application filed by first informant before I.O. that there was no physical relationship between her and accused - False FIR - FIR lodged on false allegations only to built pressure upon accused so..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 148, 308, 341 -- Quashing of FIR - Offence u/ss 323, 148, 308, 341 IPC - Dispute amicably resolved between parties in view of compromise - Though the offences are not compoundable but since the offence essentially between parties which is not affecting public peace and tranquility - FIR..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 308, 323, 504, 506 -- Summoning of additional accused - Offence u/ss 308, 323, 504, 506 IPC - Petitioner was not only named in FIR but he was also assigned a role in the incident - Testimony of PW1 and PW2 as being indicative of complicity of petitioner have also been referred - FIR version as..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 308, 34, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(a), 3(2)(v) -- Bail - Murder - FIR registered in 2019 - Police completed investigation after approximately 1 year and 3 months - Trial of case is yet to start - Even charges have not..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 308 -- Delay in lodging FIR - Rape case - FIR lodged after seventh day from date of incident - Mother of victim/informant was not present in the house at the relevant time being gone to her relatives and came back next day after being informed - Victim was admitted in the hospital next day..........
