Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal breach of trust - One single transaction cannot constitute cheating as well as criminal breach of trust, but it can be either cheating or criminal breach of trust...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal breach of trust - When prosecution alleges criminal breach of trust as well as cheating and dishonestly inducing delivery of property for one single act of accused, charges become mutually destructive...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal breach of trust - Complaint and charge sheet pertain to three different transactions each constituting a separate offence alleged to have been committed by petitioner, with two of them pertaining to offence u/s 406 IPC and the other pertaining to S.420 IPC - Charges rightly framed...........
Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360, 361, Indian Penal Code, 1860, Section 440 -- Benefit of probation - Offence u/s 440 IPC - Appellants were convicted for maximum period of six months u/s 440 IPC - Therefore, benefit of probation could have been given - But, while awarding sentence said aspect was not considered -..........
Indian Penal Code, 1860, Section 302 -- Murder - Dying declaration - Deceased stated that appellant, her aunt-in-law, set her ablaze - Doctor stated that deceased was conscious and was in a position to speak at the time of making declaration - Medical Certificate of deceased states that whole body and clothing having kerosene smelling had burns about 100% - Panchnama,..........
Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and sexual assault - Quashing of proceedings - Marriage between victim and appellant got solemnized during pendency of appeal before High Court - Victim herself expressed her desire to live a peaceful and stable family life with appellant, upon whom she is..........
Indian Penal Code, 1860, Section 302, 149, 307 -- Offence u/ss 302, 149, 307 IPC - Conviction - Accused stood armed with sharp edged deadly weapons committed the murder of `B' and `D', while in order to achieve their common intention, they had also inflicted such injuries on the physical person of `BA' knowing fully well that had `BA' died on account of the said injuries..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Ingredients to constitute an offence u/s 306 IPC would stand fulfilled if suicide is committed by deceased due to direct and alarming encouragement/incitement by accused leaving no option but to commit suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Act of instigation as alleged must be with intention to push deceased into such a situation that she is left with no other option but to commit suicide...........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Mere refusal to marry, even if true by itself, would not amount to instigation as explained u/s 107 IPC...........
