Indian Penal Code, 1860, Section 323, 147, 500, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 147, 500, 504, 506 IPC and S.3(2)(va) of SC/ST Act - Compromise - Dispute is purely private in nature - Prima facie alleged offence has not been committed on account of caste of victim and except some..........
Indian Penal Code, 1860, Section 412 -- Offence u/s 412 IPC - FIR lodged against arrested co-accused and 7-8 unknown dacoits who were caught hold by villagers at the spot, after about 7 hours of incident without any explanation wherein police reached the place of incident immediately - Appellant was arrested after 9 days of incident and recovery which was allegedly made..........
Indian Penal Code, 1860, Section 324, 341, 504, 506 -- Offence u/ss 324, 341, 504, 506 IPC - I.O. has not explained as to non-mentioning of names of alleged eye-witnesses in complaint - Delay in recording statement u/s 161 Cr.P.C and also delay in submitting the same before Court will create suspicious circumstances about presence of alleged eye-witnesses - Evidence of PW1..........
Indian Penal Code, 1860, Section 420 -- Cheating - In cheating accused is required to fraudulently or dishonestly induce a person to deliver property - Mens rea is to be at the time of receipt of property by accused from the person who is being cheated...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal breach of trust - When prosecution alleges criminal breach of trust as well as cheating and dishonestly inducing delivery of property for one single act of accused, charges become mutually destructive...........
Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360, 361, Indian Penal Code, 1860, Section 440 -- Benefit of probation - Offence u/s 440 IPC - Appellants were convicted for maximum period of six months u/s 440 IPC - Therefore, benefit of probation could have been given - But, while awarding sentence said aspect was not considered -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 106 -- (Criminal Procedure Code, 1973, S.102) - Seizure of property - Police officer is entitled to seize property of accused persons during investigation by passing orders and only duty is to report such seizure to Magistrate concerned - There is no obligation cast upon police to seek prior order from Magistrate for..........
Indian Penal Code, 1860, Section 302, 149, 307 -- Offence u/ss 302, 149, 307 IPC - Conviction - Accused stood armed with sharp edged deadly weapons committed the murder of `B' and `D', while in order to achieve their common intention, they had also inflicted such injuries on the physical person of `BA' knowing fully well that had `BA' died on account of the said injuries..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2298 days in filing special leave petition - Accused never approached for filing special leave petition and she was not willing to file the same before Supreme Court - Special leave petition has been filed merely in view of directions of National Legal Services Authority to provide free legal aid to needy..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C. empowers Court to arraign any person as an additional accused in an ongoing trial, who is not already an accused before it - If evidence suggests that such person has committed the offence which is subject matter of that trial, and should be tried with accused persons already..........
