Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 323, 148, 149 -- Bail - Offence u/ss 307, 326, 323, 148, 149 IPC - Petitioner is in custody for over 6 years - Injury which is attributed to him is on non-vital part of the body of injured - As conclusion of trial is likely to take some time, bail held, granted...........
Indian Penal Code, 1860, Section 323, 319, 95 -- Hurt - Head of the Department of College raised her voice and scolded student in front of other students and teachers - No allegations that Head of the Department of College caused even any slight physical hurt to the student - None of the ingredients of S.323 or 319 IPC fulfilled as no physical hurt has been caused -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 384, 506 -- Quashing of FIR - Compromise - Rape - It is evident that complainant has solemnized marriage with petitioner no.1 - FIR itself shows that parties were in love with each other and it was subsequent on account of petitioner not having agreed for marriage that FIR came to be lodged -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused suspected deceased having illicit relations with her daughter-in-law - On the day of incident deceased was present in the house of accused and some alteration took place between deceased and accused - Accused must have got angry on finding deceased in his house and in the heat of passion and..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 8 -- Murder - Motive - PW4, stated that day before the incident, deceased had heated arguments with accused regarding indecent remarks made by them about his wife and mother of deceased in a drunken condition - Statement of PW4 may be relevant for introducing a motive - But, it is too trivial to motivate..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witness - Eye witness clearly stated that accused were not the assailants - Scientific evidence also absolutely vague - Motive of murder also not present - Accused acquitted...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 498A, 306 -- Discharge - Cruelty - Abetment of suicide - Death by burning - Deceased was immediately after having suffered burns, admitted to hospital - She herself stated before Medical Officer that she accidentally caught fire when she was carrying a can of kerosene oil to her kitchen for..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 385, 464, 471, 472, 474, 120B -- Quashing of proceedings - Offence u/ss 363, 366, 385, 464, 471, 472, 474, 120-B IPC - Compromise arrived at between parties - Though offence in question are non-compoundable, but since compromise is arrived at between parties and complainant does not want..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 323, 324, 452, 148, 149, 506 -- Summoning of Doctor - To prove Radiological Reports - Doctor conducted radiological examination of injured - However, doctor was not cited in list of PWs by I.O due to oversight and omission could not be noticed by Assistant Public Prosecutor at the time of..........
Indian Penal Code, 1860, Section 341, 323, 34 -- Offence u/ss 341, 323, 34 IPC - Contradictions found in statement of PW1 - Cross-FIR was lodged by accused against complainant - Trial Court after appreciating entire evidence rightly acquitted accused - Findings of trial Court are perfectly justified - Acquittal upheld...........
