Criminal Procedure Code, 1973, Section 293, 294 -- Accepting report of Forensic Laboratory without compelling author of report to come and depose in Court - Author of report was issued summons and he failed to attend Court - It is nobody's case before court below that report could raise doubt in mind of court and further clarification was required from author - Held,..........
Indian Penal Code, 1860, Section 306, 506, 294, 34 -- Abetment of suicide - Deceased having love affair with the accused - Deceased set herself to ablaze in her house - Dying declaration - Deceased stated that accused wrote 3-4 letters and asked her to marry him, otherwise he will take her forcibly and out of fear she committed suicide - Acquittal of accused upheld - Held,..........
Indian Penal Code, 1860, Section 306, 294(b) -- Abetment of suicide - Suicide committed by an employee due to harassment and insult given by boss - Employee had a grudge against his boss (superior officer) - It does not amount to abetment of suicide - Further held, if prosecution is allowed to continue on such basis, it will be difficult for superior officer to work...........
Indian Penal Code, 1860, Section 306, 294(b) -- Abetment of suicide - Suicide note - Running into 15 pages - The biggest complaint against the accused is that he had changed the duty of the deceased who was driver from one car to another, when no other driver was even transferred - Held, it is nothing but an anguish expressed by the deceased - Suicide note cannot be..........
Indian Penal Code, 1860, Section 341, 294 -- Cognizance of offence by Magistrate u/ss 341 and 294 of IPC on a complaint - Alleged occurrence took place on 1.9.2002 - Complaint filed on 10.6.2004 - Period of limitation prescribed u/s 468 (2) Cr.P.C. is period of one year from the date of occurrence - Held, time barred cognizance bad in law - Period of limitation is to be..........
Indian Penal Code, 1860, Section 294 -- Accused abused and gave a push - Complainant not stated any of the words that was allegedly uttered by accused - No material to substantiate that such abuse created annoyance to the complainant - Held, mere allegations of use of obscene words without mentioning that the words uttered and without complaining that the same has resulted..........
Criminal Procedure Code, 1973, Section 294(1) -- Marking of document - No express consent obtained from defence Advocate or accused u/s 294(1) while marking documents - Held, it is not permissible to hold that mere marking of document without any objection from accused's side would tantamount to admitting the genuineness of document u/s 294(1) of Cr.P.C...........
Criminal Procedure Code, 1973, Section 294(3) -- Document - Genuineness not disputed by the opposite party - It can be read as substantive evidence...........
Criminal Procedure Code, 1973, Section 294(3) -- Document - Genuineness not disputed by the opposite party - It can be read as substantive evidence..........
Criminal Procedure Code, 1973, Section 294(2), Indian Penal Code, 1860, Section 338 -- Documents - Marking of - Proof of contents - Held, marking exhibits on documents when tendered in statement of prosecutor even without objection, in a criminal case will not prove contents of documents, unless said documents are of nature provided in S.293 of the Code...........
