Indian Penal Code, 1860, Section 304II, 294(b) -- Offence u/ss 304-II, 294(b) IPC - Evidence of projected eye witnesses to have witnessed assault is highly doubtful - No blood stain detected on wooden log used in assault by appellant as per forensic report - PW1 and PW8 took deceased to Hospital in a Auto travelled for some time, there is no blood stained clothes of both..........
Indian Penal Code, 1860, Section 376(2)(n), 294(b), 341, 323, 324, 452 -- Rape - Main offence of rape is found to be false and baseless - Other offences which are incidental to offence of rape also cannot be said to have been committed by accused - Moreover, nothing brought out to show that other offences are attracted - Accused rightly discharged...........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Evidence of PW1 that A-2 caught-hold PW1 and appellant assaulted him with his hands is disbelieved by trial Court - When said evidence of PW1 is not separable from the remaining part of offence, trial Judge committed error in segregating the evidence, which is intrinsically inseparable one - Finding of..........
Indian Penal Code, 1860, Section 294(b), 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 294(b), 323 IPC and S.3(2)(va) of SC/ST Act - No material to prove that appellant after knowing community of PW1, committed the offence punishable u/s 294(b) IPC - Offence u/ss 323 IPC, 3(2)(va) of SC/ST Act, not..........
Indian Penal Code, 1860, Section 341, 294(b), 307, Unlawful Activities (Prevention) Act, 1967, Section 44(2), National Investigation Agency Act, 2008, Section 17 -- Production of name of witnesses - Protection - There was a danger to the life of a witness, the Court was required to apply its mind to decide what measures should be taken to protect the witness as regards his..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 195A, 294, 506 -- Anticipatory bail - Offence u/ss 195-A, 294, 506 IPC - Offence in question are triable by Judicial Magistrate First class and not a heinous offence - Anticipatory bail rightly granted...........
Indian Penal Code, 1860, Section 294(b), 465, 466, 474, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 227, 197 -- Offence u/Ss. 294(b), 465, 466, 474, 34 IPC and 3(1)(x) SC&ST Act - Framing of charges against Public servant - Necessary sanction provided u/s. 197 Cr.P.C not obtained -..........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Private telephone call between petitioner and de facto complainant and utterance of abusive words in such a call, will not attract necessary ingredient of S.294(b) IPC, as offender has to utter objectionable words in or near any public place...........
Indian Penal Code, 1860, Section 294, 357 -- Offence u/ss 294, 357 IPC - Two investigating Officers conducted the investigation - One I.O. has not come forward for his cross-examination and consequently part of investigation conducted by him and evidence collected by him remains unproved - Deposition of second I.O. was not signed and endorsed by jurisdictional Court,..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 323, 294, 500, 504, 506 -- Registration of FIR - Offence u/ss 323, 294, 500, 504, 506 IPC - Whenever any application is filed by the complainant before the Court of Judicial Magistrate seeking police investigation under Section 156(3) of the Cr.P.C., it is the duty of the concerned Magistrate..........
