Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 397, 147, 148, 149 -- Cancellation of bail - Murder - Total 27 ante-mortem injuries found on the head of deceased - Cause of death was coma - Contention of accused that deceased fell from bike and sustained injuries which led to death rejected, as it is not for Court to assess in detail..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 147, 313, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Quashing of FIR - FIR discloses commission of a cognizable offence - No material on record that proceedings initiated by means of FIR are vexatious, frivolous or otherwise illegal - FIR cannot be quashed...........
Indian Penal Code, 1860, Section 308, 325, 323, 147, 148 -- Offence u/ss 308, 325, 323, 147, 148 IPC - Framing of charges - Victim received 8 injuries on his body, out of which four injuries were found grievous in nature - He stated in his statement u/s 161 Cr.P.C, that accused aimed blows of iron rods held by them on him with intention of killing him - Victim managed to..........
Indian Penal Code, 1860, Section 302, 294(b), 147, 149 -- Murder - Prior enmity between parties with regard to property - Deceased was allegedly attacked by accused with hands and legs - PW2 eye witness did not support prosecution case - Post mortem certificate of deceased shows that deceased died due to heart attack - Manipulations done in FIR - Delay in registering FIR..........
Indian Penal Code, 1860, Section 323, 325, 147, 148, 149, 504, 506(2) -- Offence u/ss 323, 325, 147, 148, 149, 504, 506(2) - Cross-cases between parties relating to same incident - Complainant was convicted in cross-case and appeal against the same is pending - Injury caused to complainant by exercise of right of private defence by accused, when assault made by complainant..........
Indian Penal Code, 1860, Section 451, 323, 147, 506 -- Offence u/ss 451, 323, 147, 506 IPC - Main witness of incident not examined by prosecution - PW3, independent witness, reached at the spot after the incident - Exaggeration that clothes were smeared with blood as stated by PW1 not matched with medical evidence - Prosecution thus, failed to explain as to whether it was..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - PW1, only independent witness, does not even implicate A-9, as he did not see A-9 at the place of occurrence - DW1 examined by defence and deposed against A-1 and other accused but not assigning even factum of presence of A-9 - Abetment of A-9 as alleged not proved beyond reasonable doubt - Embellishments and..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Role assigned to A-2, A-3 by PWs was that they hit the deceased with dagger not the role of firing - PW6 did not see firing of gun though he claims to have heard gu, shots and PW3 and PW4 state that they saw firing - However, no bullets or bullet marks were found at the site - Medical evidence on record shows..........
Motor Vehicles Act, 1988, Section 166, 147 -- Accident - Compensation - Permanent disability - Liability of insurer - Claimants were gratuitous passengers in a goods vehicle - They are young children who have suffered permanent disability on account of injuries sustained in the accident - Insurer of vehicle held, liable to pay the compensation and recover the same from..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise arrived between parties - Conviction set aside - Accused acquitted - Plea for exemption to pay 15% of cheque amount as compounding fee - As accused has arranged amount of compensation to be paid to complainant with great difficulty by borrowing the same from his nearer and dearer..........
