Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from Ss.302, 307 IPC to Ss.304, 308 IPC - Nature of injuries which are reported in post-mortem report co-related with FIR - Trial Court while alerting the charge has gone into records of case i.e. Charge sheet, Chik F.I.R., Tahrir, Injury Report, Inquest Report including post-mortem report, Site plan and..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Heated exchanges between families of both accused and appellant - There was no intention to abet or to cause any member of either family to take their own life when the appellant's family and victim's family had heated exchanges - These quarrels occur in everyday life and there was no instigation on the part of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 465, 466, 467, 468, 120B -- Quashing of FIR - Offence u/ss 465, 466, 467, 468, 120-B IPC - Civil suit preferred by complainant and others already stands dismissed - FIR has been registered after a gap of 16 years - Thus, continuation of proceedings emanating out of FIR are nothing but an abuse of..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Identification of accused - When accused was not known to victim previously, identification through a Test Identification Parade is of utmost importance - Failure to hold such parade is a serious lacuna that affects credibility of identification in dock for the first time...........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Identification of accused - I.O. himself admitted that no TIP was conducted - He deposed that three villagers had allegedly identified accused in connection with occurrence, but not a single one of them was examined by prosecution - Failure of prosecution to examine these vital witnesses strikes at the root of case..........
Indian Penal Code, 1860, Section 174A -- Offence u/s 174-A IPC - Proclaimed offender - FIR was registered due to non-appearance of petitioner in a FIR filed u/s 323, 325, 34 IPC - Trial of case was concluded and all other accused were released on probation - However, petitioner was declared proclaimed offender - As he was not aware about pendency of trial, he could not..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Specific allegations not levelled against petitioner - Omnibus allegations have been levelled against petitioner that he alongwith others demanded money - Apparently, he was of age of approximately 19 years and a student of College at the time when FIR was registered - Allegations pertain to even earlier while..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - If any words uttered in heat of moment during quarrel and thereafter deceased committed suicide, it cannot be held that due to abetment of accused deceased committed suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - To constitute offence u/s 306 IPC, it is necessary that alleged harassment was of such nature, which left no other option for deceased except to commit suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - General allegations of harassment and insult made against petitioner - Statements of witnesses shows that petitioner No.1 used to quarrel with deceased but from their statements it could not be reflected that petitioner No.1 in any manner instigated deceased to commit suicide - No prima facie offence u/s 306 IPC..........
