Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place on the spur of moment when deceased refused to pay money to accused - Accused had no intention to kill deceased but by beating deceased with stick indiscriminately on vital parts of body, accused would have knowledge that by doing such an act, it is likely to cause his death -..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Reduction of sentence - Accused is 50 years of age now - Appeal against conviction is pending since the year 2009 - Ends of justice would be met if sentence imposed against accused is reduced to 7 years while maintaining the fine and default sentence should be of S.I...........
Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Dying declaration of deceased is reliable, however, it would not suggest that there was any proximate nexus to the act of committing suicide on account of preceding demand for dowry on any particular date having triggered the deceased to commit suicide or forced her to self..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Dying declaration of deceased disclosed that she was unable to withstand the torture meted out, which resulted in her committing suicide would suffice to convict accused for offence punishable u/s 498-A IPC - Accused rightly convicted u/s 498-A IPC...........
Indian Penal Code, 1860, Section 498A, 306, 34 -- Offence u/ss 498-A, 306, 34 IPC - Reduction of sentence - Accused are now aged about 66 and 61 years respectively - They have already spent one year, one month and 27 days in prison - Accused do not have any past history of criminal record - Sentence reduced to period already undergone by them with fine of Rs.5,000 each and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363 -- Quashing of FIR - Kidnapping - Allegations in FIR that victim is minor stands established from material on record and FIR contain the ingredients of a cognizable offence - FIR cannot be quashed - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363 -- Quashing of FIR - Kidnapping - Allegations in FIR that victim is minor stands established from material on record and FIR contain the ingredients of a cognizable offence - FIR cannot be quashed - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Demand of loan amount - No coercive methods adopted to recover loan amount - Demand made cannot be treated as abetment as any person who has given loan would certainly like to get it back - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 439(2), 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cancellation of anticipatory bail - Accused not coming to Court with clean hands as he concealed fact of seven criminal antecedents of him - He has played fraud in obtaining the judgment as enunciated in S.44 of Evidence Act - Order granting anticipatory bail set..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(Va) -- Anticipatory bail - Rape - Heinous crime has been committed with a minor retarded girl aged about 14 years and eight months by..........
