Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Quarrel between deceased and accused regarding money - Action of accused to push deceased down and standing on his abdomen was preceded by quarrel in the heat of passion - Accused did not carry any weapon - There was no premeditation on part of accused - Deceased died after three days of incident..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 336, 427 -- Quashing of FIR - Compromise - Offence u/ss 336, 427 IPC - Compromise arrived at between parties - Parties are next door neighbours - Parties patching up their differences and they have decided to live peacefully - No useful purpose would be served by continuation of trial - FIR along..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(D) -- Quashing of proceedings - Offence u/ss 323, 341, 504 IPC and S.3(1)(D) of SC/ST Act - Compromise arrived at between parties - Dispute amicably settled by parties - Complainant has no..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused and deceased were from same family - Cause of provocation was sudden without premeditation - Injuries were inflicted without premeditation in sudden fight in heat of passion upon a sudden quarrel and without offender having taken advantage or acted cruelly or unusually - Case thus, fall u/s..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Materials available on record in the shape of evidence of PWs 2 to 6 does not establish circumstances on which prosecution relies upon and cannot be held that prosecution has proved its case beyond reasonable doubt - Circumstance of accused absconding after commission of crime also not proved -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Previous enmity between accused and deceased - Deceased assaulted accused by means of a knife on his stomach for which a criminal case was initiated and deceased was in custody for 2 years - On the night of occurrence, deceased came to house of accused and started a quarrel - As a result, accused..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between accused/husband and deceased/wife - Injury was inflicted in course of quarrel at the heat of passion - Accused did not give second blow - There was no intention on part of accused to cause death of deceased - Evidence of PW4 and PW5 coupled with own admission of accused in his..........
Indian Penal Code, 1860, Section 364, 368 -- Kidnapping of 3 years old male child - Complainant and his wife not even uttered a single word that child was kidnapped by accused - Even, I.O has not stated that child was kidnapped by accused in order to commit murder or accused had knowledge that child was kidnapped or that child remained in custody of accused for a period of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Allegations against accused yet to be proved - Certain facts qua discrepancy in statement of prosecutrix have come on record - Whether those facts are material or not will be proved during trial - However, keeping in view of facts and circumstances of case, as trial is likely..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 411 -- Bail - Offence u/s 411 IPC - Accused who is under trial prisoner has already suffered detention more than 50% of maximum period of punishment if at all to be imposed if found guilty - Accused a foreign national and validity of his visa is going to expire soon - In case of failure on part of..........
