Indian Penal Code, 1860, Section 300, 304Part II, 34 -- Murder or culpable homicide - Allegations that accused and her husband committed murder of their two years old child by wrongfully confining her in bathroom for 14 days without food as she would bring ill luck to them - Medical evidence showing cause of death due to starvation - Death of child in bathroom established..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Two specific instances taken note of in order to ascribe a meaning to the word 'cruelty' is expressed in Explanation (a) involves three specific situations viz. (i) to drive the woman to commit suicide or (ii) to cause grave injury or (iii) danger to life, limb or health, both mental and physical, and thus involving a..........
Indian Penal Code, 1860, Section 398, 511, Evidence Act, 1872, Section 3 -- Attempt to commit robbery - Seizure of knives from the possession of accused in presence of panches at the scene of offence - Panches not examined - Allegation that accused were holding clubs, but no club seized from the accused - Also no evidence to prove that knives seized were deadly weapons so..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Accused convicted and undergoing sentence in a criminal case - Subsequently convicted in another case - No prayer made for concurrent running of sentences - Judgment pronounced - After judgment, court cannot have resort to provisions of Section 427 to make sentences run concurrently - Remedy is..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint u/s 138 of the Act does not bar another complaint u/s 420 IPC as ingredients of S.420 IPC and Section 138 Negotiable Instruments Act are distinctly different and operate in two different spheres...........
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 21 -- Suit filed against a dead person - One of the legal representatives already on record - Omission to impleaded L.R's of deceased defendant a bona fide mistake - Impleadment of L.R's subsequently relates back to date of filing of suit in view of proviso to sub-section (1) of S.21 of Limitation..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Criminal Procedure Code, 1973, Section 437 -- Bail - Accused committing gang rape on a minor girl aged about 15 years - Accused a juvenile - Held, case of accused comes in exception category of Section 12 of Juvenile Justice Act - His release would expose him to moral, physical or psychological..........
Constitution of India, 1950, Article 161, 19, 21, Criminal Procedure Code, 1973, Section 432 -- Remission of sentence - Revocation thereof - Legality of - Held, once remission granted by virtue of Art.161 of the Constitution by State Government on occasion of Republic Day and entered in history sheet of convict, cannot be revoked later on u/s 432 Cr.P.C. by department of..........
Criminal Procedure Code, 1973, Section 218, 223 -- Joint trial - Cases registered for the offences indictable u/s 120-B r/w Ss.420, 467, 468, 471 of IPC and Section 13 of Prevention of Corruption Act - Second FIR registered on same set of facts - Trials relating to both the cases pending in the same court - Material on record do not suggest that offences as alleged have..........
Criminal Procedure Code, 1973, Section 300, Indian Penal Code, 1860, Section 285, 286, 337, 338, 304A, Factories Act, 1948, Section 92 -- Rash and negligent act by petitioner/occupier or Manager of factory resulting into death of worker - Petitioner has not been convicted and/or acquitted in either of case as Section 92 of the Factory Act do no prescribe punishment for..........
