Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Material collected discussed in detail by Sessions Judge while rejecting bail application - However, High Court merely noticing arguments of counsel of accused granted bail - Impugned order passed by High Court set aside...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Quarrel between accused and deceased and there was hot exchange of words - Accused had given a solitary blow on the chest of deceased by means of a knife - He is a members of ST and hails from Scheduled area of State, judicial notice of fact can be taken that their temper usually run high and behavior..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Accused was driving vehicle speedily and resulting in death of three persons and injuries to witnesses - Though accused raised multiple defences and all the witnesses denied the fact that accident occurred due to some mechanical defect in vehicle or due to sudden bursting of a tyre or coming up..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Circumstantial evidence - Last seen theory - Merely because accused were seen nearby place where crime occurred and accused was holding the chopper, it cannot be said that deceased was last seen in the company of accused - Last seen theory not proved...........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Circumstantial evidence - Recovery of weapon of offence - Recovery from an open place accessible to all - Only on the basis of circumstance of recovery, it cannot be said that prosecution has proved the case beyond reasonable doubt - Accused acquitted...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Quarrels, fights or disputes in a marital relationship not abnormal or uncommon - Those quarrels cannot be reckoned as conduct amounting to abetment of suicide unless there is something more in the form of instigation or aiding...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Essence of the offence of abetment of suicide is not what deceased felt, but what the accused intended...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide notes were written weeks before the act of suicide and not in close proximity to the date of suicide - There is no reference to any instigation by accused/wife to prompt the deceased/husband to commit suicide - Suicide notes indicate that deceased felt need to commit suicide - Other than ordinary..........
Indian Penal Code, 1860, Section 415, 420 -- Cheating - Dishonest inducement is sine qua non to attract provisions of Ss.415, 420 IPC...........
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Allegations with regard to inducement are only qua co-accused - There was no transaction of any nature directly between present accused and complainant - Only allegation against accused is that co-accused executed GPA in favour of complainant in respect of..........
