Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 304, 506 -- Forged and fabricated Will - Quashing of complaint - Ex facie allegations in FIR disclose an offence - Whether persons named in FIR have committed offence or not, has to be decided upon trial in criminal proceedings - High Court fell in error in taking an..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Deceased died within seven years of marriage - She completely absolved all the accused in her suicide note - None of witnesses from family of deceased raised any objection to genuinity or trustworthiness of said suicide note - No physical injury found on the body of deceased except ligature marks found to show..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Compromise - Matter between parties has been settled and parties have decided to live in peace - FIR along with subsequent proceedings arising there from on basis of compromise quashed qua accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 506II, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, 5(l) -- Third bail application - Kidnapping and rape of 11 years old girl - Prosecutrix categorically stated in her statement that accused abducted and committed rape upon her several..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident was preceded by a quarrel between accused and deceased, which is said to have taken place in a fit of anger - Accused appears to have realized the mistake he did and then made the efforts to put off the fire - Burn injuries were of 30% of the body surface and initially found to be simple in..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 148, 149 -- Framing of charge - Essential ingredient of presence of more than five persons, present at the site, is fulfilled as stated in FIR and parcha bayan - Framing of charges, justified...........
Indian Penal Code, 1860, Section 364, 302, 120B -- Kidnapping and murder of two minor children - Circumstantial evidence - Last seen theory - Evidence of last seen witnesses consists of contradictions and inconsistencies - Testimonies of PW6 and PW7 also differ on question of when did they reach police station to report - As regarding evidence of PW10, since entire attempt..........
Indian Penal Code, 1860, Section 364, 302, 120B -- Kidnapping and murder of two minor children - Circumstantial evidence - Recovery of school bag - When bags were recovered beside dead bodies itself on the day of inquest by police, then how could a bag be recovered at the instance of disclosure statement of A-2 - Recovery is not free from contradictions and inconsistencies..........
Indian Penal Code, 1860, Section 353 -- Offence u/s 353 IPC - Quantum of sentence - Courts are required to decide quantum of punishment on basis of materials laid during trial which would mean that Courts should assess mitigating as well as aggregating circumstances in the case and upon weighting both types of circumstance should decide the mode and quantum of punishment..........
Indian Penal Code, 1860, Section 342, 353, 323, 34 -- Offence u/ss 342, 353, 323, 34 IPC - Concurrent findings recorded by two Courts below regarding presence and involvement of accused in the occurrence - High Court is not inclined to minutely appreciate the evidence in exercise of revisional jurisdiction - However, there is no justification for award of maximum period of..........
