Indian Penal Code, 1860, Section 302 -- Murder - Dead body of deceased found in the field - Informant (PW5) not eye-witness of the occurrence - Star witness (PW3) of prosecution kept in custody in connection with murder of deceased - Answer given by PW3 evasive - Prosecution failed to explain as to under what circumstances PW3 after his arrest in the capacity of offender..........
Indian Penal Code, 1860, Section 304(Part II), 325, 324(1), 323, 148, 149 -- Sentence - Reduction in sentence - Conviction of accused `T' under Section 304(Part II) and sentenced to RI for 10 years and to pay fine of Rs.5000/- - Occurrence had taken place in the year 1997 - Substantive sentence of imprisonment of accused `T' reduced from 10 years to 5 years for offence..........
Indian Penal Code, 1860, Section 395 -- Dacoity - Reduction in sentence - Occurrence 11 years old - Value of articles of dacoity, negligible - Conviction of accused under Section 395 IPC - Accused on bail for 5 years - Sentence reduced to already undergone i.e. 14 months...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Motor Vehicles Act, 1988, Section 157 - Indian Motor Tariff, GR 17 - Insurance claim - `Own damage' - Car purchased by respondent from `R' - The insurance remained in the name of `R' despite the transfer of vehicle in the name of respondent - No privity of contract between appellant and respondent - Respondent not entitled..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - It is essential to prove that the person sought to be charged with an offence with the aid of Section 149 was a member of the unlawful assembly at the time the offence was committed...........
Indian Penal Code, 1860, Section 302, 304I -- Murder - Grave and sudden provocation - Deceased chided accused of his low caste - Tempers flared up and at the spur of moment accused pulled out a knife and struck deceased and ran away - It is only because of a grave and sudden provocation, given by deceased that appellant reacted - Case of appellant falls within the first..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - In order to establish an offence under Section 306 of I.P.C. against the accused persons, the prosecution has to show that the suicide was so direct, co-related, immediate and proximate cause of the instigation offered by the accused persons...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 463, 107 -- Quashing of complaint - Complaint under Ss.406, 420, 463 r/w Section 107 IPC - Case of complainant that accused having good marketable title, a registered sale deed was entered - Merely because petitioners closely related to accused, cannot be said that allegations made..........
Indian Penal Code, 1860, Section 325, 323, Probation of Offenders Act, 1958, Section 4 -- Probation - Benefit of - Conviction of three accused under Section 325, 323 IPC - All accused except one released on probation - Probation refused to third accused on the ground that injury inflicted by him on victim was grievous - Accused faced trial for eight years - Third accused..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 294, 323, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Anticipatory bail - Apprehension of arrest - Complainant, a young boy of 15 years had some quarrel with son of applicant No.1 - Applicants entered into house of complainant and..........
