Indian Penal Code, 1860, Section 366 -- Abduction - To constitute an offence under Section 366, IPC, it is necessary for the prosecution to prove that the accused induced the complainant-woman or compelled by force to go from any place, that such inducement was by deceitful means, that such abduction took place with the intent that the complainant may be seduced to illicit..........
Indian Penal Code, 1860, Section 84, 436 -- Criminal Procedure Code, 1973, Section 357 - Appellant-accused convicted under Section 436 IPC for setting restaurant of complainant on fire - Plea of unsoundness of mind for falling his case u/S.84 IPC and extending benefit of general exception not made out - Discrepancies and contradictions pointed out minor in nature not going..........
Indian Penal Code, 1860, Section 302, 306 -- Murder - Grievous hurt - Accused, husband poured kerosene oil on his wife and set her ablaze when she refused to give him money - Two dying declarations recorded - Medical evidence proved complicity of accused - But, death of deceased occurred after 2-1/2 months - At initial stage 32 burns were noticed - Later degree of burns..........
Indian Penal Code, 1860, Section 288, 338 -- Negligence - Complainant engaged for doing plastering work - While doing plastering work complainant fell down from scaffolding which had been put up for the purpose of doing plastering work - Scaffolding put up by contractor cannot fall within sweep of provision of Section 288 IPC - There is no nexus between the petitioner..........
Indian Penal Code, 1860, Section 306, 498A -- Evidence Act, 1872, Section 113A - Abetment of suicide - Death of bride within 4 months of marriage -Demand of a tape recorder and Rs.10,000/- from father of the bride - Within short span of four months deceased on several occasions informed her father that she was being troubled by he/husband and his elder brother -Prosecution..........
Indian Penal Code, 1860, Section 406, 420 -- Quashing of FIR - Failure to return money, as agreed - In the absence of any circumstances that would give rise to an inference of dishonest or fraudulent intention, at the inception of the transaction, cannot sustain a complaint alleging the commission of offence of cheating - Petitioners received money which they were required..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Death of bride within 1-1/2 years of marriage by 100% burns - Allegation of cruelty and demand of scooter - Allegations levelled against all family members - Appellant husband of deceased, and father-in-law and mother-in-law challaned and found guilty for the offence punishable under Section 304-B/498-A IPC -..........
Indian Penal Code, 1860, Section 201 -- Ingredients of Section 201 of IPC are : (1) that an offence has been committed; (2) that the accused knew or had reason to believe the commission of such offence; (3) that with such knowledge or belief he - (a) caused any evidence of the commission of that offence to disappear, or (b) gave any information respecting that offence..........
Indian Penal Code, 1860, Section 299(b), 300(3) -- Difference between clause (b) of Section 299 and clause (3) of Section 300 is one of degree of probability of death resulting from the intended bodily injury - To put it more broadly, it is the degree of probability of death which determines whether a culpable homicide is of the gravest, medium or the lowest degree...........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Demand of Rs.50,000/- by accused-appellant No.1 from his father-in-law to secure job - He had also grabbed his child from her mother (deceased) and filed a divorce petition - This all happened 4-5 months before occurrence - 4-5 days before occurrence appellant No.1 again..........
