Indian Penal Code, 1860, Section 302, 304 -- Part II - Accused stabbed deceased twice in the thigh and only once in the chest and fled away from the scene of occurrence - Attack neither premeditated nor pre planned - Accused did not cause all the injuries on the vital part of the body - Held, if accused intended to kill the deceased, it is unlikely that he would flee from..........
Criminal Procedure Code, 1973, Section 313 -- Statement u/s 313 Cr.P.C. - Object - Held, S.313 Cr.P.C. has been provided to give accused a fair chance to explain his stand with regard to circumstances in evidence which have been collected against him and has come on record during trial - This provision has been cautiously incorporated in the Code so that accused gets a..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Accused four in numbers, armed with country made pistols, shouted at each other that deceased should be done away with - Appellant fired shot at deceased from near - All the four acquitted by the trial court - On appeal, High Court convicted appellant, though maintained acquittal of other three..........
Civil Procedure Code, 1908, Section 92 -- Conditions required to be satisfied in order to apply S.92 of the Code are : (a) There is a trust created for public purpose of a charitable or generous nature; (b) There is a breach alleged of such trust, or the direction of the Court is necessary for the administration of such trust; (c) The suit must be a representative one on..........
Criminal Procedure Code, 1973, Section 167(2) -- Bail - Detention beyond period of 180 days - Contraband substance allegedly recovered from the accused falls within the meaning of commercial quantity - Discretionary power vests in Special Judge under NDPS Act - Period of limitation for completing investigation and initiation of complaint 180 days when reckoned from the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Bail - Detention beyond period of 180 days - Contraband substance allegedly recovered from the accused falls within the meaning of commercial quantity - Discretionary power vests in Special Judge under NDPS Act - Period of limitation for completing investigation and initiation of complaint 180 days when..........
Indian Penal Code, 1860, Section 395, 397 -- Sentence - Appellants convicted u/s 395 read with Section 397 IPC and sentenced to undergo RI for seven years and to pay a fine of Rs.200/- - Injury was found to be simple in nature - Appellants had not used any deadly weapon or caused grievous hurt or death - Doctor did not state a word that any of the injuries was grievous in..........
Indian Penal Code, 1860, Section 498A -- Cruelty on account of dowry demand - Alleged instances of cruelty relate to the year 1982 or earlier part of the year 1983 - Section 498-A inserted in the Penal Code vide Act No.46 of 1983 and came into force w.e.f. 25.12.1982 - Held, accused not liable to be convicted u/s 498-A IPC for the alleged acts of 1982 or earlier part of..........
Criminal Procedure Code, 1973, Section 202, 203, 204 -- Scope of enquiry under Section 202 - Held, scope is extremely restricted only to finding out the truth or otherwise of the allegations made in the complaint in order to determine whether process should be issued or not under Section 204 of the Code or whether the complaint should be dismissed by resorting to Section..........
Criminal Procedure Code, 1973, Section 482, 320 -- Compounding of offence - Offence u/ss 147 , 323, 325, 356, 379, 452 read with Section 149 IPC - Petitioner entered into compromise with the victim and an application for compounding of offences made - Magistrate allowed compounding of offences u/ss 147, 323, 325, 356, 379 IPC, these offences being compoundable - No..........
