Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Manner in which petitioner, while wearing safety shoes, delivered kicks to deceased's stomach and private parts prima facie demonstrates his intent to cause his death - Safety shoes, when used as a weapon, can significantly increase the potential for inflicting serious or..........
Indian Penal Code, 1860, Section 302, 324, 148, 149 -- Murder - Testimony of eye witness - PW-1/eye witness embellished her narration of how the attack occurred resulting in a lot of inconsistencies - Contradictions in her story would raise reasonable doubt, as her statement in her deposition that she was attacked after the attack on the deceased was made to buttress her..........
Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for recovery of money for damages and compensation - Suit being money suit is governed by provision as contained u/s 7(i) of the Act and not Schedule II of the Act...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 333, 353, 504, 506, Explosive Substances Act, 1908, Section 3, 4 -- Bail - Murder - Applicant is in jail since last 4 years - Serious allegations were made against applicant - Being a police officer he has misused the trust which has led to death of his colleagues - Trial is..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Confession made by accused before Panchayat leading to recovery of dead body from remote forest area can be acted upon and made basis for conviction of accused - Place of recovery deep inside the forest and knowledge of it to accused raises a presumption u/s 106..........
Criminal Procedure Code, 1973, Section 197(2), Armed Forces (Special Powers) Act, 1958, Section 6, Indian Penal Code, 1860, Section 302, 307, 326, 201, 120B, 34 -- Sanction for prosecution - Murder - Sanction as required u/s 6 of 1958 Act has been declined by competent authority - FIRs in question cannot continue any further - However, since State has already assailed said..........
Indian Penal Code, 1860, Section 498A -- Cruelty - When marriage between accused and victim was a nullity, provision of S.498-A IPC would not be attracted...........
Indian Penal Code, 1860, Section 498A -- Proceedings u/s 498-A IPC - At the instance of second wife is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Unless contrary is proved, it is to be presumed that a holder of a cheque, received the cheque of the nature referred to in S.138 of the Act for the discharge in whole or in part of any debt or liability - However, the onus of proving that cheque was not in discharge of any debt or..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Cheque issued in discharge of liability to pay - Statement of account reveals that at the time cheque came for collection in the bank, there was no sufficient funds in the account of accused to honour the cheque - Accused rightly found to have committed the offence...........
