Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Accused cannot be held liable merely because witnesses stated that he was driving the vehicle at a high speed...........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Accused cannot be held to be negligent merely because he did not possess a driving licence...........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Statements of PWs have attributed the accident to high speed - No person has mentioned approximate speed of motorcycle - None of PWs had witnessed accident - There is no other evidence to prove rashness and negligence of accused - Guilt of accused not proved - Acquittal upheld...........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Compromise - Parties are brothers and belong to same family - Matter has been amicably settled between them - Sentence awarded to appellant reduced to period already undergone by them - However, fine amount remains same - Sum of Rs.10,000 is imposed as cost of proceedings...........
Indian Penal Code, 1860, Section 326, 34 -- Offence u/s 326 IPC - Mere presence or participation with simple lathi blows does not establish common intention to commit offence u/s 326 IPC...........
Indian Penal Code, 1860, Section 326, 452 -- Offence u/ss 326, 452 IPC - Role attributed to petitioners is qualitatively distinct from that of co-accused, who alone was alleged to have inflicted grievous spear blows - No evidence shows meeting of minds to cause grievous hurt - Prosecution has, therefore failed to establish beyond reasonable doubt that petitioners shared a..........
Indian Penal Code, 1860, Section 302, 148, 34 -- Murder - Important witnesses have been declared hostile - I.O. not examined - Failure to examine I.O. also means that place of occurrence has not been duly established - Doctor has not been examined and post-mortem report has not been brought on record - Cause of death therefore, remains unproved - Prosecution case suffers..........
Indian Penal Code, 1860, Section 420, 120B, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Cheating - Quashing of proceedings - Matter is essentially of civil nature and is liable to be settled on the basis of evidence of parties in civil proceedings - No case of cheating appears to be made out against applicant - Criminal prosecution is nothing but an abuse of..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Non explanation of injuries sustained by accused person by prosecution - Informant as well as appellant No.1 sustained injuries on their body - Prosecution has completely failed to explain injury sustained by appellant No.1 and non-explanation of injuries sustained by accused persons by prosecution creates a..........
Indian Penal Code, 1860, Section 302 -- Murder - Material contradiction in the evidence of PW1 and PW2 - Complainant is also a witness to recovery of pillow whereas neither FIR nor evidence of PW1 and PW2 discloses about use of pillow for pressing mouth of deceased and no evidence of use of the same have been found - Though complainant was not present at the time of..........
