Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Right of self defence - Injuries suffered by accused which were not superficial not explained - Accused also lodged a FIR wherein they explained the injuries suffered by prosecution witnesses and had stated that they assaulted PW's in their self defence - Held, that PW's deliberately with oblique motive suppressed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Conviction - Arrest on basis of secret information - Secret information not reduced into writing nor senior officials informed within 72 hours as required u/s 42 of the Act - Independent witnesses not examined - Case property not deposited with P.S.Sadar where FIR was recorded - Property was not produced..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Incident took place at 6.30 p.m. and FIR lodged next day at 11.25 a.m. - Ladies much frightened with the occurrence - Hue and cry raised by both the ladies but no body from neighbouring locality came there - Accused ran away - Delay properly explained...........
Criminal Procedure Code, 1973, Section 72, 73 -- Non bailable warrants - Issuance of - When it is reasonable to believe that the person will not voluntarily appear in court; or the police authorities are unable to find the person to serve him with a summon; or it is considered that the person could harm someone if not placed into custody immediately - Warrants either..........
Indian Penal Code, 1860, Section 498A, 304B, 482 -- Quashing - No cognizable offence made out from the FIR - Daughter of complainant was suffering from T.B. - Treated for T.B. at her father's house - She expired - No allegation that there was any demand of dowry - S.304-B, 498-A IPC not attracted - FIR quashed...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Caste of accused not disclosed in FIR - In no case the police officer can register an offence if caste of complainant or accused is not mentioned in the complaint...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- FIR lodged for offence committed under SCST Act - Quashing of FIR - FIR should not only disclose the caste of the complainant but it must also disclose the caste of the accused - Caste of accused not disclosed - FIR quashed...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Caste of accused not disclosed in FIR - Contention that when caste of complainant is disclosed and it is alleged that he was abused on the basis of the caste, he is the person who does not belong to Scheduled Caste - Held, such an inference cannot be drawn - Caste of accused not..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Caste of accused - From name of a person inference of caste cannot be drawn - Surnames at times are deceptive as such surname cannot be a guide to find caste of a person - Caste of accused not disclosed in FIR - FIR quashed...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- Offence under SCST Act took place inside a cabin - To constitute an offence under the Act incident of insult or intimidation has to occur in place accessible to and in the presence of the public - Cabin where offence took place not..........
