Indian Penal Code, 1860, Section 302 -- Murder - Deceased has been attacked by accused in broad daylight and there is direct evidence available to prove the same - Motive behind the attack is also apparent considering there was previous enmity between accused and PW1 - Prosecution discharged its duties in proving guilt of accused for offence of murder - Conviction upheld...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n), 377, 506 -- Anticipatory bail - Rape - Complainant was in relationship with appellant for a period of four years - Complainant was 21 years of age when relationship started - Now, if the relationship is not working out, the same cannot be a ground for lodging FIR for the offence of rape..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Quashing of proceedings - False implication of relatives of husband in matrimonial disputes basing on general and omnibus allegations, if left unchecked would result in misuse of process of law - Proceedings against..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Quashing of proceedings - Main allegations against husband - Family members of husband who are mother and sister in law appear to have been implicated by way of general and omnibus allegations - No specific and distinct..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Identity of accused and vehicle in question have been duly established from statements of eye witnesses - Offending vehicle was driven by accused - Occurrence took place due to rash and negligence driving of accused leading to death of deceased which is proved - Accused rightly convicted - However,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 324, 347, 385, 386, 143, 147, 148, 149, 427, 504, 506, 120B -- Bail - Attempt to murder - Role attributed to accused is that of being a prime conspirator - Existence of conspiracy and nexus between accused and assailants are matters for evidence and trial - Fact that informant and..........
Indian Penal Code, 1860, Section 420, 466, 465, 468, 471, 211, 511 -- Cheating - Company - Prosecution of power of Attorney - Company not arraigned as an accused - Prosecution specifically making allegations against Power of Attorney - Petitioner who claims himself to be Power of Agent of Company had alone acted, forged and submitted letter and he in fact signed pleadings..........
Indian Penal Code, 1860, Section 420, 466, 465, 468, 471, 211, 511, Criminal Procedure Code, 1973, Section 227 -- Cheating - Discharge - Statement of witnesses and I.O. prima facie disclosing materials to proceed against accused - Discharge application rightly dismissed...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - Accused allegedly poured hot lali (raw material used for preparing liquor) upon deceased - Medical evidence on record shows that there were 75% burn injuries on chest of deceased - Oral dying declaration of deceased made before PW2 stands corroborated with medical..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - There is nothing improbable in the examination-in-chief (PW1) more particularly considering a very scant & deficient cross-examination - There is nothing palpable or glaring in the evidence of the eyewitnesses - However, the evidence of the discovery of a pistol at the instance of the appellant cannot prove that..........
