Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 300 -- Murder - Delay of 14-15 days in lodging FIR - Complainant being a helpless, illiterate villager, not understanding importance of setting law in motion by lodging FIR - After recovering from pain and grief due to death of his daughter, went to police station and came to know that no..........
Indian Penal Code, 1860, Section 300, 302, Criminal Procedure Code, 1973, Section 433A -- Double Murder - Death sentence - Death sentence modified to life imprisonment - Case falls under special category of sentences - Accused shall not be released from prison till completion of his actual imprisonment for 20 years...........
Criminal Procedure Code, 1973, Section 198(1) -- S.198(1) Cr.P.C. bars taking cognizance of an offence punishable under Chapter XX IPC upon a police report - Such bar cannot bypass by simply adding a cognizable offence in the FIR and the charge sheet without any basis...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 368, 120B -- Quashing of proceedings - Offence u/ss 368, 120-B IPC - Prosecutrix neither named the petitioner in her statement, nor any allegation made against petitioner - Petitioner was not known to prosecutrix and had merely provided shelter to prosecutrix for one night - He was scared that he..........
Criminal Procedure Code, 1973, Section 482, 190, Indian Penal Code, 1860, Section 302 -- Quashing of order - Order taking cognizance - Custodial death of accused - 18 injuries found on the dead body of accused - Out of which injury no.1 & 2 caused death of accused - Magisterial enquiry held by SDM, which opined that death of accused occurred during police custody for which..........
Criminal Procedure Code, 1973, Section 354, Constitution of India, 1950, Article 137, Indian Penal Code, 1860, Section 304A -- Reduction of sentence - Principle of parity - Uphaar Cinema Tragedy - In the instant case, appellants, licensee and person actually running cinema and all are equally responsible for tragedy - However, sentence of licensee reduced to period already..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 34, 386, 365, 212 -- Anticipatory bail - Offence u/ss 306, 34, 386, 365, 212 IPC - Petitioner named in the FIR - Overt act attributed to petitioner - Nature and gravity of the offences in question, shows that it was not a fit case where petitioner is entitled to benefit of anticipatory bail -..........
Criminal Procedure Code, 1973, Section 97, Indian Penal Code, 1860, Section 342 -- Search warrant - Wrongful confinement - When custody of minor children are with their father, unless there was material to show that custody was illegal or in violation to some order passed by Court, it cannot be considered or treated as illegal confinement or wrongful custody so as to..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 376, 506 -- Quashing of FIR - Compromise - Rape - Accused performed marriage with complainant which was the alleged promise made to her when they developed physical relationship about 10 years ago - They are leading a blissful married life - Grievance of complainant gets redressed..........
Criminal Procedure Code, 1973, Section 386, Indian Penal Code, 1860, Section 304B, 201, 120B, Dowry Prohibition Act, 1961, Section 4 -- De novo trial - Dowry death - Appeal against conviction - High Court while remitting matter to trial Court for fresh trial pointed out certain lapses on the part of I.O but failed to state as to how such alleged lapses resulted in..........
