Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 4, 18 -- Anticipatory bail - Informant belongs to Scheduled Caste - Allegation leveled by informant that it were only petitioners `B' and `U' who had insulted and intimidated by calling her "Dusadhin"..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 341, 379 -- Bail - Offence u/s 326 not made out but registered against accused by misuse of power - Without expressing any opinion on merits of the case, bail granted...........
Indian Penal Code, 1860, Section 302, 341 -- Appellant was armed with knife - Appellant ordered for personal search of deceased - When deceased resisted he was not only thrashed but given fatal injury - No evidence of scuffle - Not a case of sudden fight - Exception 4 to S.300 IPC not applicable to the facts of the case - Order of High Court convicting appellant u/s 302..........
Criminal Procedure Code, 1973, Section 340, 341(2) -- Court took suo motu action u/s 340 Cr.P.C. - Order u/s 341 not appealable - Such an order is also not challengeable by way of revision...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 143, 341, 323, 307 -- Bail - Offence u/ss 143, 341, 323, 307 IPC - Injury attributed to co-accused - Applicant empty handed - Bail allowed without expressing opinion on merits...........
Constitution of India, 1950, Article 14, 16, 341 -- State reservation - Respondent a member of Scheduled caste - His status as that of SC recognized by the State - Held, he has a right to claim benefit of this status in the Central Civil Services - If he was entitled to be considered for promotion on the basis of lower percentage of marks in the departmental examination..........
Indian Penal Code, 1860, Section 323, 341, 447, 307, 34 -- Conviction - Appeal against - PWs made improvements and contradictions in their testimony regarding place of occurrence and also eye witnesses of the occurrence - Prosecution story doubtful - Prosecution also failed to explain injuries on the person of accused - Ends of justice will be met if the sentence is..........
Indian Penal Code, 1860, Section 323, 341, 362, 383, 464, 463, 467, 387, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR in an offence u/ss 323, 341, 362, 383, 464, 463, 467 & 387 IPC - Person abducted stating that he was not taken forcibly by petitioners or any body else and that he was living in farm house with his free will - FIR quashed...........
Indian Penal Code, 1860, Section 147, 148, 323, 341, 451, 504, 362, 342, Wild Life (Protection) Act, 1972, Section 27, 28, 30, 31, 32, 33, Motor Vehicles Act, 1988, Section 74, 75 -- Petitioners were summoned for offences under Penal Code, Wildlife Act and Motor Vehicle Act - Provisions of Wildlife Act and Motor Vehicle Act do not crate any penal offences - Summoning order..........
Indian Penal Code, 1860, Section 143, 147, 148, 341, 324, 342, 504, 302, 149 -- Acquittal by trial Court - Conviction by High Court - Land dispute - Accused chased PW25 brother of accused No.1 and 2 and assaulted him - Prosecution case that they assaulted deceased, a lady, causing bleeding injuries with sticks - Deceased was tied around her neck with her own saree - Large..........
