Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against mother-in-law - Deceased had not committed suicide on account of either demand for dowry being made or cruelty being inflicted on her as per PWs - Neighbour of appellant who was examined as DW1 has deposed that appellant had never made any demand for dowry - She also deposed that deceased had informed..........
Indian Penal Code, 1860, Section 100 -- Right of private defence - When an attack is sought to be made on accused by a person, who goes to place of accused armed with pistol and thereafter shoots him on his head causing injury, there is no way accused would apply his rational mind in exercising his right of private defence...........
Indian Penal Code, 1860, Section 304(Part I), 100 -- Offence u/s 304(Part I) IPC - Right of private defence - Deceased was aggressor - He was one who went to clinic of appellant armed with a pistol and attacked him - Appellant attacked deceased in retaliation - Plea of private defence is accepted - Appellant acquitted...........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - Alleged act of appellant in abusing the child could not be construed to be such which was intended to provoke breach of peace - Conviction u/s 504 IPC is not sustainable...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 323, 352 -- Benefit of probation - Offence u/ss 323, 352 IPC - Offence punishable u/s 323 IPC carries maximum punishment of S.I. for one year whereas offence punishable u/s 352 IPC carries maximum punishment of imprisonment for 3 months - Thus, mandatory provision of S.4 of the Probation of..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in a spur of moment without premeditation when appellant was in a state of inebriation due to quarrel between appellant and his wife - Death of deceased was caused by a single fatal injury on head caused due to blunt impact - No weapon explaining injury seized - Deceased was..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Applicant has been convicted for charges u/ss 304, 307, 504 IPC and S.25 of Arms Act, which is not connected with his position as Clerk, nor it is an offence relating to moral turpitude - In case an order suspending conviction and sentence is passed, it would not violate any..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Determination of age of victim - When there is documentary evidence available on record, medical opinion with regard to age of victim becomes irrelevant...........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Appellant enticed victim for watching cinema with him on the pretext that he had already sought permission from her father - Victim thus, accompanied appellant - Appellant threatened victim to marry him and when she denied, she was threatened to be killed - Since victim was minor of 15 years of age at the time of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 120B, Arms Act, 1959, Section 25(1B)(a), Unlawful Activities (Prevention) Act, 1967, Section 18, 18A, 18B, 19, 20, 38, 39 -- Bail - Offence u/s 120-B IPC, S.25(1-B)(a) of Arms Act and Ss.18, 18-A, 18-B, 19, 20, 38, 39 of UAPA - Allegations against A-11 is related to his connection with..........
