Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred all of a sudden at the spur of moment - There was no intention of accused to kill deceased - Incident was not pre-planned - Deceased was being hit by lathis and dandas and accused had used excessive force - Accused is guilty of an offence u/s 304(Part II) IPC...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - All the accused persons are innocent persons who never had any criminal record - Accused are on bail - Conviction u/ss 148, 302 r/w 323 be treated to be conviction u/s 304(Part II) IPC and conviction u/ss 147, 148 set aside - Punishment imposed of fine of Rs.20,000/- each and this fine be paid..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Injured witness/PW2 gave statement contrary to FIR - Testimony of injured witness is not reliable - PW2 did not know the name of father of deceased but in FIR name of father of deceased was written which was result of handiwork of police - No explanation as to why dead body of deceased reached from Najibabad to..........
Indian Penal Code, 1860, Section 363, 376, 114, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 5L, 6, 17 -- Kidnapping and rape - Abetment of offence - Accused neither aided the commission of offence employed, harboured nor transported the child by coercion by aiding the commission of crime - He was not even present during the commission of offence..........
Protection of Children from Sexual Offences Act, 2012, Section 10, 12, Indian Penal Code, 1860, Section 454, 506(II) -- Aggravated sexual assault on 7 years old boy - Testimony of victim - Alleged offence was committed with victim of tender age who got frightened by threats extended to him by accused - Statement of victim is of sterling quality - Inconsistencies,..........
Indian Penal Code, 1860, Section 376A, 302, 404 -- Rape and murder - Modification of sentence - Accused is 38 years old, having undergone 8 years of imprisonment and he has two minor children and a wife to look after and there is no other person in the family to look after three of them - However, considering diabolic and depraved manner in which accused took victim to a..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 406, 34 -- Dishonour of cheque - Transfer of two complaints to one Court for simultaneous disposal - Transfer of complaint from Exclusive Court to any other Court or to transfer trial arising out of FIR registered u/ss 420, 406, 34 IPC to Exclusive Court u/s 138 of the N.I. Act is not..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 504, 506, 452, Protection of Children from Sexual Offences Act, 2012, Section 5(m)(6) -- Quashing of summoning order - Rape - Trial Court clearly expressed his opinion that he perused all the record and clearly indicated that material placed before him is sufficient to proceed in the..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - Accused might have abused complainant but such abuse by itself and without anything more does not warrant subjecting accused to face a trial, particularly clear ingredient of intentional insult of such a degree that it could provoke a person to break public peace or commit any other offence - Offence u/s 504 IPC..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Allegation in the FIR is that accused beaten up complainant for which he sustained multiple injuries - However, nature of hurt suffered by complainant in the process is neither reflected from first FIR nor charge sheet - Accused had the injuries suffered by him treated immediately after the incident - Offence..........
