Indian Penal Code, 1860, Section 323, 325, 148, 149, 452 -- Offence u/ss 323, 325, 149, 452 IPC - Reduction of sentence - Sentence qua imprisonment for offence punishable u/ss 452, 325, 149 IPC is reduced from R.I. for 5 years to R.I for 4 years - Sentence qua offence u/ss 323, 148, 149 IPC held, maintained as awarded by trial Court - All the sentences shall run..........
Indian Penal Code, 1860, Section 326, 324, 452 -- Offence u/ss 326, 324, 452 IPC - Allegation that all accused being members of one family including petitioner attacked complainant with common object by use of sharp edged weapon, lathies etc - Though petitioner also attributed a role in aggression but no specific allegation is made out against petitioner about his personal..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, 452, 323, 506 -- Murder - Property dispute - Deceased died due to head injury when she rescued her son PW1 from accused who allegedly assaulted PW1 with stones, danda and fist blows - PW1 himself admitted that accused were unarmed - Relations between accused and PW1 were inimical - Incident occurred when complainant..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, 452 -- Quashing of proceedings - Summoning of accused - Offence u/ss 323, 504, 506, 452 IPC - Magistrate while passing summoning order neither made any discussion of facts nor considered as to what overt act allegedly committed by accused - Impugned order of summoning accused..........
Indian Penal Code, 1860, Section 376, 452, 323, 506 -- Rape of deaf and dumb married woman - Eye witnesses to the incident not supported prosecution case - Victim who is deaf and dumb by birth herself stated by signs and gestures that she absolutely has no knowledge about incident - Victim also stated that neither accused entered her house nor he left her - Moreover,..........
Indian Penal Code, 1860, Section 376, 452, 387 -- Rape of a married woman aged 45 years - Forcible rape continuously for six months - Mother of two children, elder being 24 years of age, raped continuously for six months - Prosecutrix giving money to accused now and again and saying that she was forcibly raped against her wishes, is neither palatable nor digestible nor..........
Indian Penal Code, 1860, Section 376, 452, 387 -- Rape of a married woman aged 45 years - Forcible rape - Medical evidence - No injuries found on body of prosecutrix - This does not mean that injuries on the person of victim are must to prove charge of rape against accused, but in case of forced sex there are chances of abrasion on the thigh, breast, hands and neck of..........
Indian Penal Code, 1860, Section 376, 452, 387 -- Rape of a married woman aged 45 years - Prosecutrix admitted that she herself called accused, at the time she was alone in her house - Extent to which prosecutrix has gone to state incorrect facts is that she bleeded, when she was raped for the first time - Prosecutrix tried to behave as if she was virgin, when she was..........
Criminal Procedure Code, 1973, Section 452 -- Disposal of seized property - DVR containing entire occurrence of case - Court directed DGP to depute an Officer of rank of Superintendent of Police from the Police Training College to collect DVR (MO2) from trial Court and preserve the same in an anti-static cover in the concerned Police Museum - However, if any appeal is..........
Indian Penal Code, 1860, Section 302, 452, 148, 201, 34 -- Double murder case - Name of accused `R' does not appear until testimony of Pws conducted before Court - Unrelated witnesses does not named the accused `R' directly and they did not even identify him in Court at the time of trial - While they specifically recognized the other accused present in the Court - There is..........
