Indian Penal Code, 1860, Section 363, 366, 342 -- Kidnapping - Victim herself followed accused while accepting his offer for watching a movie - Necessary ingredients of offences u/ss 363, 366, 342 IPC therefore, not made out from admitted allegations of prosecution - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 325 -- Offence u/s 325 IPC - Injured child witness categorically stated that accused pushed her and her hand broke down when she fell down - FIR lodged next day of incident, as police station is 25 kms away from place of incident and there is no conveyance to reach at Police Station - Doctor who examined victim found fracture in left hand..........
Indian Penal Code, 1860, Section 325 -- Offence u/s 325 IPC - Reduction of sentence - Accused sentenced to undergo 1 year R.I and fine of Rs.200 - He only pushed the child victim - No doubt accused intentionally pushed victim but he was not in knowledge that victim would suffer grievous hurt when she fell down - Accused already undergone more than 5 months in custody which..........
Indian Penal Code, 1860, Section 323, 325 -- Offence u/ss 323, 325 IPC - Evidence of PW1 and PW3 regarding injuries caused by accused `S' and `J' is clear and unambiguous - Medical evidence corroborates the same - Grievous injury on head of PW3 has been attributed to accused `N' - Injury on left arm which resulted in a fracture and was attributed to accused `J' - One lathi..........
Indian Penal Code, 1860, Section 307, 308 -- Nature of offence - Accused `N' gave an iron rod blow on head of PW1 - Injury caused to PW1 was simple in nature - There was no attempt to repeatedly hit him - Act of accused `N' after arrival of four family members of PW1 in inflicting and causing injury to PW3, which doctor opined as being dangerous to life does not come..........
Indian Penal Code, 1860, Section 323, 325 -- Offence u/ss 323, 325 IPC - Accused `Na' caused injury to injured `K' i.e a swelling on right eye - No other injury is attributed to accused `Na' on any member of complainant party - PW1 stated that accused `J' hit complainant with a stone on his waist and accused `Sh' gave lathi blow on back and shoulder of injured and he..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Information Technology (Amendment) Act, 2008, Section 66, 72 -- Quashing of proceedings - Compromise - Cheating - Criminal conspiracy - Parties entered into compromise - Matter between parties has been settled amicably, voluntarily and without any pressure or coercion - Proceedings..........
Indian Penal Code, 1860, Section 302, 307, 201, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Evidence adduced by prosecution is duly corroborated by statement made by accused u/s 313 Cr.P.C - Answer offered by him in his statement u/s 313 Cr.P.C to some questions were evasive and in answer to certain questions he..........
Indian Penal Code, 1860, Section 302, 404, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/ss 302, 404, 34 IPC and S.3(2)(v) of SC/ST Act - When the offence complained are both under IPC and SC/ST Act and charges under IPC is framed after investigation is conducted by a competent police officer in accordance with..........
Evidence Act, 1872, Section 8, Indian Penal Code, 1860, Section 302, 201 -- Motive - Murder case - Where last seen evidence and recovery of articles not duly established by prosecution, conviction of accused cannot be based merely on the alleged motive - Accused rightly acquitted...........