Indian Penal Code, 1860, Section 307 -- Two injuries, found to be simple in nature, caused by blunt weapon, one on the head and other on the left knee - Merely because a gun was recovered from the spot and that too unloaded, intention to cause death cannot be inferred - Trial Court erred in framing charge u/s 307 IPC...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of anticipatory bail - Offence u/s 195-A IPC - Accused after getting benefit of anticipatory bail threatened PW for which FIR u/s 195-A IPC came to be registered against him - Investigation of said offence completed and charge-sheet filed - Prima facie allegation made out against accused - Merely because..........
Evidence Act, 1872, Section 8, Indian Penal Code, 1860, Section 302, 34 -- Motive - Failure to prove - Murder - In the instant case, there are 4 eye witnesses of occurrence who have uniformly supported prosecution case as spelt out in FIR - Even, prosecution has not withheld any material witness to prove charge against accused - Hence, conviction of accused cannot be set..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 420, 467, 471, 120B -- Bail - Offence u/ss 409, 420, 467, 471, 120-B IPC - Multi-victim scam - Nature and gravity of offences - 870 complaints in three FIRs filed and a total of around 400 crores involved in scam - More than 1500 investors duped by accused by painting a rosy picture of..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Despite of some frictions married life continued for 11 years - No reasons for committing suicide culled out by prosecution within a reasonable proximate duration - Ill-treatment, both physical and mental and misbehaviour with which deceased was subjected during long span of her married life of 11 years, may depict a..........
Indian Penal Code, 1860, Section 376(g), 392, 34 -- Gang rape - Testimony of prosecutrix - Prosecutrix contradicted herself regarding the whole incident - Her conduct during alleged ordeal is also unlike a victim of forcible rape and betrays somewhat submissive and consensual disposition - More so, from the nature of exchanges between her and accused persons as narrated by..........
Haryana State Federation of Consumer Cooperative Wholesale Store Ltd. Staff Service Rules, 1975, Rule 60 -- Departmental proceedings - Shall be deemed to have been instituted when charge sheet is issued to retires - After retirement of an employee, departmental proceedings will not be instituted save with sanction of Competent Authority and shall be in respect of an event..........
Haryana State Federation of Consumer Cooperative Wholesale Store Ltd. Staff Service Rules, 1975, Rule 60 -- Departmental proceedings - Alleged act of procuring wheat at low plinth was done between 16.02.2009 to 31.08.2009 - Damage ensured later on - Therefore, for said event, petitioner could be charge sheeted at most till 30.08.2013 - Petitioner was charge sheeted on..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - False implication - PWs examined by investigating agency at the interval of almost four years - Except some inconsistencies in the testimony of PWs, their testimony qua incident and attendant facts and circumstances exculpating accused has remained same - There is no reason forthcoming for re-examining..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise when matter still under investigation - High Court may accept settlement to quash criminal proceedings - However, where charge is framed but evidence is yet to start, High court can exercise it's powers, but after prima facie assessment of circumstances/material mentioned therein...........
