Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of injury - Death of deceased was not caused in the heat of sudden fight - Accused stealthily entered into house of deceased with wooden stick and hit the head of deceased with stone - Postmortem report of deceased shows that heavy grinding stone was used for commission of offence - Accused also attacked..........
Indian Penal Code, 1860, Section 376D -- Gang rape - A woman can be held guilty of gang rape if she facilitated act of rape with a group of person...........
Indian Penal Code, 1860, Section 376 -- Rape - Evidence of prosecutrix/informant is not suggestive of fact that she was subjected to rape - After the murder of mother-in-law of prosecutrix, she sat on cot for two hours while accused sat on the ground - Prosecutrix did not suffer any injuries and her bangles were also not broken - Evidence of prosecutrix reflects that she..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident is not pre-mediated - Pre-mediation was the meeting between prosecutrix/informant and accused which was marred by awakening of deceased/mother-in-law of informant which led to subsequent incident - Lust and passion of accused got better of him leading assault committed upon deceased - Act of..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A, Criminal Procedure Code, 1973, Section 82 -- Dishonour of cheque - Proclaimed offender - Order declaring accused as proclaimed offender not passed in compliance of S.82(1) Cr.P.C. - Impugned order set aside - FIR u/s 174-A IPC quashed...........
Indian Penal Code, 1860, Section 498A -- Marriage between parties held null and void by High Court - Conviction u/s 498-A IPC not sustainable...........
Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - Person booked u/s 188 IPC must have actual knowledge of public servant's order requiring him to do or abstain from doing some act - Acquiring or gaining of such knowledge is a pre-requisite - Any proof of general notification promulgated by a public servant would not satisfy the said requirement...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 188 -- Quashing of proceedings - Compromise - Offence u/ss 379, 188 IPC - Compromise arrived at between parties and they settled their differences - Continuation of criminal proceedings after compromise would amount to abuse of process of Court - Proceedings quashed...........
Indian Penal Code, 1860, Section 302, 307, 326, 323, 325, 148, 149 -- Murder - Discrepancies found in testimonies of eye witnesses - Prosecution failed to produce any independent witness to corroborate their version - Recovery of weapons not proved - Blood found on the clothes of accused is doubtful to be of deceased, as it is difficult to believe that accused were wearing..........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Altercation between accused and deceased - Thereafter deceased uttered the words that he would jump into the well - Mere fact that accused retorted the words by saying that if you want to jump tomorrow why not jump today itself, did not contain necessary ingredients to make out a case u/s 306 IPC - Accused..........
