Indian Penal Code, 1860, Section 304(Part II), 323 -- Appellant - convicted for culpable homicide of his wife and assaulting her parents - Appeal - Both injured parents of deceased were eyewitness of occurrence and their presence on spot was natural - Only one single injury was found on skull of deceased - Appellant had come to take deceased with him when deceased was..........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Validity - Accused convicted for murder of several persons - Murders committed in greed of money - However, accused were young and belonged to socially deprived section living in acute poverty - Accused completed/on verge of completing their education from jail - No material or information to show any..........
Criminal Procedure Code, 1973, Section 482, Prisons Act, 1894, Section 42, 45, 52A -- Possession of mobile phone by prisoner - Quashing of FIR - Held, S.52-A makes possession of mobile phone by prisoner and supplying phone by any person an offence - This section came into force on 08.03.2011 - FIR for offence dated 24.09.2009 - Since retrospective effect will not apply in..........
Criminal Procedure Code, 1973, Section 372 -- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Held, no distinction can be made between a case instituted by complainant/informant with police and by complainant before Court directly - An absolute right of victim (complainant or not) to file an appeal u/proviso to S.372 does not get..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - An act though sufficient in ordinary course of nature to cause death, would not always constitute an offence under this section, if the necessary intention or knowledge on the part of accused is lacking...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - In the trial Court some times pleadings are not properly drafted and merely on technicalities the relief should not be denied - It is not necessary that particular section should be mentioned in the application - It is the substance in the application which is material for adjudicating upon the relief..........
Indian Penal Code, 1860, Section 420, Punjab Panchayat Raj Act, 1994, Section 4(2), 5, 44, 51, 71, 77 -- Embezzlement to the tune of 30 lakhs on the pretext of sending son of complainant to America for permanent job - Jurisdiction of Panchayat to try the offence - Held, (i) There is no bar for investigating any offence by the police including the offences mentioned in the..........
Criminal Procedure Code, 1973, Section 397, 399, 401 -- Revision - High Court can call for the records of any criminal court and examine the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceeding of such inferior Court - However, sub-section (2) of S.397 puts a restriction on exercise of such..........
Criminal Procedure Code, 1973, Section 207, 173 -- Documents - Accused is entitled to copies of (i) the police report, (ii) first information report, (iii) the statements recorded under Section 161(3) of all the persons whom the prosecution proposes to examine as its witnesses as mentioned in Section 173(5)(b), (iv) the confessions and statements recorded under Section 164..........
Criminal Procedure Code, 1973, Section 190 -- After taking cognizance Magistrate can adopt any of the alternatives viz. (a) He can peruse the complaint and if satisfied that there are sufficient grounds for proceeding he can straightaway issue process to the accused but before he does so he must comply with the requirements of Section 200 and record the evidence of the..........
