Probation of Offenders Act, 1958, Section 4, 5, Indian Penal Code, 1860, Section 323, 325, 34 -- Benefit of probation - Offence u/ss 323, 325, 34 IPC - Incident had taken place about 39 years back on the spur of moment - Both the parties are resident of same village and are living peacefully for last 40 years - Considering provisions of Ss.4, 5 of P.O. Act, accused..........
Indian Penal Code, 1860, Section 498A, 494, 294, 376(2)(n), 294, 323, 504, 506 -- Cruelty - Second marriage during subsistence of first marriage - Wife lodged FIR that she learnt about performance of second marriage by husband from somebody else which is in the nature of hearsay evidence - Same has now turned prima facie into piece of evidence with recording of statement..........
Indian Penal Code, 1860, Section 498A, 494, 294, 376(2)(n), 294, 323, 504, 506 -- Cruelty - Solemnization of second marriage by husband - Allegations against husband and relatives of husband - Quashing of proceedings - Statements of witnesses shows that all the accused had prima facie actively encouraged husband to perform second marriage, they themselves had arranged..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 323, 447 -- Quashing of proceedings - Compromise - Offence u/ss 307, 323, 447 IPC - Complainant did not receive any injury on any vital part of his body so as to constitute attempt to murder - Merely because FIR/charge sheet incorporates provision of S.307 IPC would not by itself be a ground..........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Presence of alleged three eye witnesses at the spot not proved on record - Several material contradictions in the testimony of said witnesses, which goes to root of matter and shatter the entire prosecution case - False implication of accused in crime arises on the basis of enmity between families of parties - PW1,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 323, 504, 506, 143, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder - Investigation of case is in progress - Merely because wife of accused is pregnant and her due date of delivery is expected soon as per..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 323, 504, 506, 143, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder - Clash between two groups and there is murder of each person in each group - There is not only damage to public property but also damage..........
Indian Penal Code, 1860, Section 498A, 323, 604, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Allegations made in FIR and collection of evidence is not sufficient even at prima facie stage to attract ingredients of offence punishable u/s 498-A IPC - As regarding other offences, unless those other offences are shown which would amount..........
Indian Penal Code, 1860, Section 302, 323, 447, 148, 149 -- Murder - Testimony of PWs - Inconsistency in the evidence of first informant and PW1, PW2 and PW4 as to who amongst accused persons gave a fatal blow to deceased - Evidence of brother of deceased does not support prosecution case - Prosecution failed to examine independent witnesses and witnesses are related to..........
Indian Penal Code, 1860, Section 498A, 323, 504, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Matrimonial dispute - When matter has been settled by both the spouses and relatives, possibility of conviction is remote and bleak and notwithstanding the fact that offence u/s 498-A IPC is a non-compoundable offence, there should be no..........
