Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 148, 308, 341 -- Quashing of FIR - Offence u/ss 323, 148, 308, 341 IPC - Dispute amicably resolved between parties in view of compromise - Though the offences are not compoundable but since the offence essentially between parties which is not affecting public peace and tranquility - FIR..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 308, 323, 504, 506 -- Summoning of additional accused - Offence u/ss 308, 323, 504, 506 IPC - Petitioner was not only named in FIR but he was also assigned a role in the incident - Testimony of PW1 and PW2 as being indicative of complicity of petitioner have also been referred - FIR version as..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 308, 34, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(a), 3(2)(v) -- Bail - Murder - FIR registered in 2019 - Police completed investigation after approximately 1 year and 3 months - Trial of case is yet to start - Even charges have not..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 308 -- Delay in lodging FIR - Rape case - FIR lodged after seventh day from date of incident - Mother of victim/informant was not present in the house at the relevant time being gone to her relatives and came back next day after being informed - Victim was admitted in the hospital next day..........
Indian Penal Code, 1860, Section 376, 308 -- Rape - Injury caused to victim - Accused allegedly stabbed victim in her stomach and PW1 stated that she met her daughter in hospital and her condition was serious - However, medical report does not support it as no stabbed would was found by doctor - Doctor has not indicated any injury on private parts of victim - Medical..........
Indian Penal Code, 1860, Section 308 -- Offence u/s 308 IPC - Victim stated that accused stabbed her after commission of rape - However, oral evidence regarding assault having been made by knife is not truthful - Moreover, when rape was already committed by accused, there was no need for accused to assault her by knife - There is no recovery of said weapon which could show..........
Indian Penal Code, 1860, Section 302, 304(Part II), 307, 308 -- Nature of offence - Accused aimed gun towards roof and then fired in marriage ceremony - Though, it was an unfortunate case of mis-firing but accused cannot absolve himself of conclusion that he carried a loaded gun at a crowded place where his own guests had gathered to attend marriage ceremony - Accused..........
Indian Penal Code, 1860, Section 307, 308 -- Nature of offence - Accused `N' gave an iron rod blow on head of PW1 - Injury caused to PW1 was simple in nature - There was no attempt to repeatedly hit him - Act of accused `N' after arrival of four family members of PW1 in inflicting and causing injury to PW3, which doctor opined as being dangerous to life does not come..........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 307, 308 -- Modification of charge - Nature of offence - Medical evidence does not state that injury was sufficient in ordinary course of nature to cause death - Offence committed by accused does not travel beyond S.308 IPC - Framing of charge u/s 307 IPC is bad in law - Trial Court directed to..........
Indian Penal Code, 1860, Section 308, 325, 323, 147, 148 -- Offence u/ss 308, 325, 323, 147, 148 IPC - Framing of charges - Victim received 8 injuries on his body, out of which four injuries were found grievous in nature - He stated in his statement u/s 161 Cr.P.C, that accused aimed blows of iron rods held by them on him with intention of killing him - Victim managed to..........
