Criminal Procedure Code, 1973, Section 155(4) -- Offence u/ss 504 & 506 IPC - Offence u/s 506 IPC (As In U.P.) is cognizable offence - Accused can be tried for both the offence in the manner prescribed for trial of cognizable offences...........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(2), Indian Penal Code, 1860, Section 409 -- Offence u/ss 13(1)(c), 13(2) of P.C. Act and S.409 IPC - Entrustment of amount with accused has been proved - Explanation offered by accused is that he entrusted the amount with temporary peon who deposited it in treasury - However, PW1 and PW2 specifically deposed that..........
Indian Penal Code, 1860, Section 465, 468, 471, 477A -- Offence u/ss 465, 468, 471, 477-A IPC - Accused has used challan which is a forged document as genuine, also falsified the accounts and signature and misappropriated an amount of Rs.74,789/- - Offence u/ss 465, 468, 471, 477-A IPC is thus, attracted - Accused rightly convicted...........
Indian Penal Code, 1860, Section 494, 109 -- Bigamy - Prosecution failed to prove the second marriage of accused by producing reliable evidence on record - Three out of five PWs have admitted that they were not present in the alleged second marriage - PW5 stated that he was giving the statement as instructed by complainant - More so, despite having knowledge about alleged..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - No specific overt act attributed to A-2 and A-3 or their joining in attack by A-1 on deceased - Injuries were caused by a Bhujali which was seized from A-1 - Medical evidence does not corroborates eye witness testimonies of PW1 to 4 - Nothing on recorded to show that A-2 and A-3 threw chilly powder and hot oil on..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Participation and role of A-1 in crime is shown as per evidence on record - Fatal injuries caused to deceased by weapon recovered from A-1 - Testimonies of eye witnesses corroborated by medical evidence - Case against A-1 is proved - A-1 rightly convicted...........
Criminal Procedure Code, 1973, Section 228 -- Omission to frame charge u/s 338 IPC - Accused had sufficient notice of allegations of negligence against him during trial - There will not be any prejudice caused to him - Omission to frame charge u/s 338 IPC not fatal...........
Indian Penal Code, 1860, Section 308, 338 -- Nature of offence - Accused being conductor of bus rang the bell without waiting for PW1/injured to board the bus - PW1 fell down on the road and came under left rear wheel of bus - Grievous hurt was caused to PW1 as she suffered fractures of pelvis - Accused did not verify whether passengers had properly boarded the bus - He is..........
Indian Penal Code, 1860, Section 338 -- Offence u/s 338 IPC - Incident occurred in 2005 - Accused has undergone sentence for only 36 days - Sentence of S.I for 6 months will be appropriate punishment - However, looking at the serious injuries sustained by PW1 at the young age of 13 years, she must be adequately compensated - In addition to fine of Rs.50,000/- as imposed by..........
Indian Penal Code, 1860, Section 302, 324, 449, 34 -- Murder - Testimony of child witness - PW1/child witness was hiding in his house at the time of incident and he disclosed the incident to milkman after the accused fled - Said milkman was not examined - There is no support or corroboration to testimony of PW1 - Possibility of PW1 being tutored cannot be ruled out - It is..........
