Indian Penal Code, 1860, Section 147, 323, Criminal Procedure Code, 1973, Section 482 -- Essential ingredients of offence u/s 147 completely missing - Prosecution case not inspiring any confidence in view of the fact that the complainant has neither sustained any injury nor specific overtact has been assigned to the petitioners - Proceedings quashed...........
Indian Penal Code, 1860, Section 147, 148, 323, 325, 447 -- Possession delivered in execution of Civil Court decree - Prosecution case of committing trespass over such land stands falsified - Even if injuries are caused then the same are in exercise of right of private defence qua their land - Acquittal calls for no interference...........
Indian Penal Code, 1860, Section 198A, 147, 323, 149, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry demand - Mal-treatment - Demand of scooter, colour T.V. and VCR - This fact not disclosed in a subsequent petition filed u/s 125 Cr.P.C. - Held, in absence of plausible explanation an inference can be drawn that since there was no demand of dowry items like colour T.V...........
Indian Penal Code, 1860, Section 198A, 147, 323, 149, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry demand - Mal-treatment - Place of occurrence - Alleged to be at Khatauli - However in a subsequent petition filed for reimbursement of price of gift items place of occurrence mentioned to be at Delhi - This clearly blasts the prosecution theory...........
Indian Penal Code, 1860, Section 198A, 147, 323, 149, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry demand - Mal-treatment - Two letters showing that there were some other issues as bone of contention between wife and husband as well as his family - Dowry was manufactured - Husband and in-laws had suspicion upon chaste character of wife - Wife accused of being a bad..........
Motor Vehicles Act, 1988, Section 147 -- Insurance policy covering third party risk is not required to exclude gratuitous passengers in vehicle of any type or class - Insurer is liable to pay...........
Motor Vehicles Act, 1988, Section 147 -- Motor accident - Insurer's liability - Where insurance policy indicates time of its commencement, Insurance Company cannot be made liable for accident caused by vehicle in question prior to that specified time...........
Motor Vehicles Act, 1988, Section 147 -- Motor accident - Liability of insurer - Policy expired on midnight - Accident at 4.30 a.m. within four hours of expiry of policy - Policy on next day got issued but commencement of time was 10 a.m. - Accident prior to specified time mentioned in policy - Held, Insurance Company is not liable...........
Indian Penal Code, 1860, Section 147, 149, 302 -- Deceased first dragged and then thrown into well - Nothing to affect credibility of PWs 4, 8 and 10 - Delay of few hours in recording statements of witnesses no serious infirmity in prosecution case - Evidence of these witnesses wholly reliable - Accused not explaining incriminating circumstances but totally denying from..........
Indian Penal Code, 1860, Section 302, 147, 148 -- Eight person sustained injuries and one died as a result of indiscriminate firing by appellant A1 - Conviction of A1 for murder and of rest accused u/ss 147 & 148 - Defence contention that informant PW10 and his associates went to house of A1 and attacked him and his father and encounter took thereafter - Some of accused..........
