Indian Penal Code, 1860, Section 341, 449, 302, 34, Indian Penal Code, 1860, Section 341, 449, 302, 34 -- FIR - Statement of witness - Discrepancy - PW6, sister of deceased stated in her evidence that her statement was recorded around 10 A.M. - FIR got registered by elder brother of deceased at 11 AM - PW6 stated in her evidence that she took deceased to hospital in an..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 341, 448, 420, 406, 467, 468, 471, 506, 120B -- Bail - Offence u/ss 341, 448, 420, 406, 467, 468, 471, 506 & 120-B - Investigation against other accused still not completed - Held, taking into consideration over all facts and circumstances of case as revealed from evidence on record collected..........
Constitution of India, 1950, Article 226, 227, 341, 342 - - Second sentence of clause 13 providing that where writ petition is disposed of by a single judge, no further appeal would lie against the order to division bench (even when there is a vested right to file such intra-court appeal) and will only be subject to a special leave u/Art. 136 - Held, it is not legally..........
Constitution of India, 1950, Article 341(1) -..........
Indian Penal Code, 1860, Section 302, 376, 341 -- Custodial death - Wrongfully confining deceased in police custody on suspicion of theft - Beaten him to death - Gang rape of his wife - Wife of deceased in great detail disclosed the manner in which accused treated her and her deceased husband - No reason to disbelieve her testimony as no respecting woman would come forward..........
Indian Penal Code, 1860, Section 376, 511, 341 -- Rape or outraging modesty of woman - Accused allegedly made attempt to commit rape or outrage modesty of victim girl - Prosecution case supported by consistent and reliable evidence of credible nature - Intention of accused can be gauged from the fact that he pushed victim girl and removed her undergarments - However, she..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 341, 304, 34 -- Anticipatory bail - Offence u/ss 323, 341, 304 r/w S.34 IPC - Only one injury on shoulder of deceased - This injury not opined to be the cause of death - Medical Board opinion that prima facie cause of death was cardiac failure - No offence u/s 304 IPC made out - Pre-arrest..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 325, 341, 307 -- Petitioners felt offended when objected for cutting trees and caused grievous injuries to his father and sister - In the opinion of doctor injuries were dangerous to life - Held, petitioner not entitled to bail...........
Kerala Prohibition of Ragging Act, 1998, Section 4, Indian Penal Code, 1860, Section 341, 506(i), Criminal Procedure Code, 1973, Section 320 -- Offence of ragging - Whether cognizable - Since it is punishable for imprisonment for less than three years, it is only a non cognizable offence - Sub Inspector of Police not competent to register a case on receipt of a complaint..........
Indian Penal Code, 1860, Section 341, 324, 34, Criminal Procedure Code, 1973, Section 482, 320 -- Non-compoundable office - Compounding of - Inherent powers of High Court - Held, there is no statutory bar under Cr.P.C. which can affect inherent power of High Court u/s 482 Cr.P.C. - High Court has wide power to quash proceedings even in no, compoundable offences..........
