Indian Penal Code, 1860, Section 302, 201, 506 -- Killing new born child by throttling in presence of wife due to suspicion - Testimony of mother of child, her brother and medical expert - Suggestion that death was accidental not believed - Conviction by trial Court and upheld by High Court - Conviction and sentence passed, upheld...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 506 -- FIR u/ss 498-A, 406 & 506 IPC registered against husband for demand of dowry and that wife was beaten mercilessly and turned out of matrimonial home - It was stated that on earlier occasion accused tried to kill the wife by opening knob of gas cylinder, but no report was lodged and..........
Indian Penal Code, 1860, Section 420, 354, 506 -- Quashing of FIR - Petitioner being the Director of the Institute allegedly not taking active steps to hold examination of the students - Held that there was no dereliction of duty on his part and he had taken active steps to have the examination held for the Institute - The allegation that proper food was not being provided..........
Criminal Procedure Code, 1973, Section 204, Indian Penal Code, 1860, Section 313, 324, 442, 506 -- Complaint of offence - Offence triable by Court of Session - Magistrate taking cognizance of offence inspite of report of police who were earlier directed to investigate into complaint - Where allegations made in complaint and evidence, both oral and documentary, make out..........
Indian Penal Code, 1860, Section 363, 366, 506 -- Major girl - Leaving her parental home and marrying major boy of her own free will - Both being adults the law does not prohibit them to love each other - They have a right to live with dignity and honour and make their life meaningful - This is their constitutional right under Articles 19 & 21 - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 506 -- Quashing of FIR - Absence of adequate material against the petitioner - FIR quashed...........
Indian Penal Code, 1860, Section 364A, 364, 387, 363, 506, 342, 12B -- Kidnapping for ransom - Conviction - Appreciation of evidence - Kidnapping of a boy aged 12 years and demand of ransom made to his father - Held that herein an individual person has been compelled to pay the ransom amount - Thus the offence u/S.364A of the Code is not made out at all - The appellant..........
Indian Penal Code, 1860, Section 375, 511, 506 Part II, 300, Evidence Act, 1872, Section 3, 45 -- Rape and murder - No firm medical opinion that death was due to strangulation - Minor injuries recorded in post-mortem report not sufficient to cause death - No medical evidence to prove that death was homicidal - No evidence of rape in medical report - Only circumstance..........
Criminal Procedure Code, 1973, Section 386(a), 222(2), Indian Penal Code, 1860, Section 375, 511, 506 Part II, 300, 354 -- Main charge - Failure to prove - Acquittal is not automatic - Court has duty to examine whether charge of lesser offence can be made out on basis of evidence brought on record in course of trial for main offence - If so, accused to be convicted for..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 506, 120B -- Proceedings under Ss.420, 506 & 120-B IPC not maintainable simultaneously with proceedings under S.138 Negotiable Instruments Act...........
