Indian Penal Code, 1860, Section 302, 84 -- Murder of husband - Plea of insanity - Rejected - Appeal against conviction - To extend benefit of Section 84 IPC, Court must be satisfied that at time of commission of offence, appellant was suffering from mental illness or was in such a state of insanity that she was not capable of understanding consequences of wrongful act -..........
Indian Penal Code, 1860, Section 161, Prevention of Corruption Act, 1947, Section 5(2), 5(1)(d) -- Reduction in sentence - Demand and acceptance of illegal gratification - Incident occurred about 19 years ago - Accused is now more than 50 years old - Sentence reduced from one year to four months both u/s 161 IPC and Section 5(2) r/w S.5(1)(d) of Prevention of Corruption..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - The version of the victim in an offence under Section 376 IPC should not be equated to that of an accomplice - It should be believed since the victim can give the best testimony of what was perpetrated on her...........
Indian Penal Code, 1860, Section 376, 511 -- Rape - Attempted rape - The accused with intent to commit rape to satisfy his lust laid the victim, a 11 years girl, on the ground over the shawl - Tore her salwar, opened his pants, laid over her - It is only when the mother of the victim calling and looking for the victim reached near the spot that he got up from the body of..........
Indian Penal Code, 1860, Section 304 Part I and Part II -- Distinction - If an injury is inflicted with the knowledge and intention that it is likely to cause death, but with no intention to cause death the offence would fall u/s 304-I - However, if there is no intention to cause such an injury, but there is knowledge that such an injury can cause death, the offence would..........
Indian Penal Code, 1860, Section 147, 148, 149, 307, 323, 325, 342, 365 -- Attempt to murder - Grievous injuries - Abduction on gun point - All injuries on non vital parts of body - Though accused possessed fire arms but no fire arms used - Ingredients of Section 307 IPC missing - Charge u/s 307 IPC set aside - However, charge under other sections, sustained...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - 'Child witness' - Murder of wife by accused - Funeral performed hurriedly without informing her family members - Evidence on record that deceased was ill-treated and given beatings by appellant and not given proper food - Funeral performed without lodging any report and post-mortem - Evidence..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- 'Soon' - Cannot be taken to mean 'immediate' - Period of 13 days would be well within the ingredient of the word 'soon before death' as envisaged in Section 304-B I.P.C...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - For the purpose of attracting Section 149 of the IPC, it is not necessary that there should be a pre-concert by way of a meeting of the persons of the unlawful assembly as to the common object - If a common object is adopted by all the persons and shared by them, it would serve the purpose...........
Indian Penal Code, 1860, Section 149, 34 -- Both the provisions stand on different footing although application of both the Sections may be held to be mandatory - Like Section 149 of the IPC Section 34 of that Code also deals with cases of constructive liability but the essential constituent of the vicarious criminal liability under Section 34 is the existence of a common..........
