Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Appellant and other co-accused had reached the place of occurrence with premeditated intention to cause hurt to victim, which can be seen from the fact that they formed an unlawful assembly armed with deadly weapons with common intention to attack victim and thereby put an end to the movement triggered by him..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Notice was sent to accused in accordance with provisions of the Act - Telegram was also sent to accused and in response he requested to present the cheques again for repayment - By making such request it reveals that no letter to stop payment had been moved by accused to Bank as alleged..........
Police protection -- Preventing petitioner and her son to enter into temple - Husband of petitioner used to be Poojari of temple - Petitioner not allowed to enter the temple after death of her husband since she is a widow - Respondents do not have any right to stop petitioner and her son from attending festival and worshiping God - Direction issued to police to call..........
Civil Procedure Code, 1908, Section 47, Indian Contract Act, 1872, Section 128 -- Execution - Objection by Surety - JD/surety who suffered a joint and several decree cannot stop execution of decree against him until creditor has exhausted his remedy against principal debtor or other JDs - She does not have a right to dictates terms to DH as how he should pursue his..........
Criminal Procedure Code, 1973, Section 167(5) -- Investigation if not concluded within six months from the date on which accused was arrested in a case triable by Magistrate as a summons case - There cannot be an automatic order without anything else to stop investigation on expiry of six months from date of arrest of accused...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by burning - When deceased poured kerosene on herself, failure of accused to stop her, will not amount to an offence u/s 306 IPC - However, act may amount to abetting of offence u/s 309 IPC - Conviction of accused u/s 306 IPC set aside...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307, 332, 353 -- Framing of charges - Offence u/ss 307, 332, 353 IPC - Allegation that accused opened fire on police team when they attempted to stop accused and that accused subsequently also tried to run vehicle over police team - However, accused contended that there is no use of fire arm by..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Evidence of witnesses of fact - Injury on injured found to be caused by some sharp object - Doctor proved the injury report - Accused and injured are residents of same locality and they are very well known to one another - There is no motive before injured to implicate accused falsely - While accused have..........
Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Triple murder case - Honour killing - Unlawful assembly - Harrowing torture of three deceased continued for 12 hours with the participation of accused in Panchayat was proved by testimony of eye witnesses - Deceased were..........
Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Triple murder case - Honour killing - Unlawful assembly - Harrowing torture of three deceased continued for 12 hours with the participation of accused in Panchayat was proved by testimony of eye witnesses - Deceased were..........
