Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - No premeditation on the part of accused to cause death of deceased - However, since deceased assaulted accused 2-4 times before 2 hours of incident, accused who was in intoxicant condition assaulted deceased on his chest by which he suffered grievous injuries and died - There was intent and knowledge..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3.750 kg charas - Search and seizure - Star witness of case is I.O - I.O himself destroyed the prosecution case by giving three options to accused regarding their search i.e before Magistrate, Gazetted Officer or police, which casts shadow of doubt over prosecution case - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 3.750 kg charas - Documents allegedly prepared by I.O at the spot containing FIR number - It seems that entire contents were written in one go - Omissions of I.O to depose after receiving case file and registration of FIR, he had filled relevant column of documents by mentioning FIR number in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 504, 506, 448, 387 -- Quashing of proceedings - Cheating - FIR does not disclose any act of accused or their participation in commission of crime - It is not the case of complainant that either accused have played any active/passive role either in scribing document or are..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - A student was reprimanded for misconduct in the College and on endeavor to take disciplinary action and call the father, though the parent did not turn up and subsequently the child committed suicide - No iota of material on record even assuming the complete charge sheet to be correct which could lead to..........
Protection of Children from Sexual Offences Act, 2012, Section 12 -- Offence - u/s 12 of the Act falls in the second category of Part II of Schedule I of Cr.P.C. as such offence is cognizable and non bailable...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 120B -- Bail - Murder - Accused is behind the bars for more than three years and till date trial not concluded - Though 31 witnesses have been examined, but 13 witnesses yet remain to be examined - Considerable time is still likely to be consumed in conclusion of trial, bail granted to..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred at the spur of moment - There was no pre-mediation to cause death of deceased - Accused having realized his mistake had thereafter taken immediate steps to shift his wife/deceased to hospital but unfortunately she breathed her last - Accused liable to be convicted u/s 304(Part II)..........
Indian Penal Code, 1860, Section 307, 427, 270, 34, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29 -- Bail - Petitioner is in custody since more than 2 years and the conclusion of trial is likely to take time - Petitioner was not involved in any other case and further incarceration of the petitioner would be violative of the right of the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Imposing meagre fine of Rs.1,000/- against the cheque amount of Rs.10,000/- - Considering financial condition and status of accused in society, leniency shown by Magistrate imposing meagre fine is disproportionate and against principle of law imposing penalty - Fine thus, enhanced to..........
