Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 447, 471, 120B -- Second bail application - Cheating - Petitioner has filed second bail petition on account of a right which has accrued to him u/s 437(6) Cr.P.C - He is in custody for last 1 year and about 8 months and not involved in any other case - Custodial interrogation of..........
Indian Penal Code, 1860, Section 307, 323, 324, 147, 148, 149, 447, 427 -- Attempt to murder - Framing of charge - Injury caused to injured by use of sharp weapon is located on the head, which is a vital part of body - Intention of assailants was to commit murder and nothing short of that - Whether or not accused were acting in their right of private defence, would have to..........
Indian Penal Code, 1860, Section 307, 326, 447, 323 -- Nature of offence - Three accused alleged to have inflicted sharp weapon blows on legs of injured - Injuries inflicted on injured are grievous in nature, which were proved by evidence of PWs coupled with admission of accused - However, conviction of accused u/s 307 IPC cannot be sustained as there is no allegation of..........
Indian Penal Code, 1860, Section 326, 447, 323 -- Offence u/ss 326, 447, 323 IPC - Incident took place way back in the year 1990 - Seven co-accused persons against whom identical allegations were levelled by prosecution were acquitted by trial Court and no appeal was filed by State Government against the same - Ends of justice would be sub-served by reducing substantive..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 447, 201, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Quashing of FIR - Offence u/ss 406, 447, 201, 120-B IPC and S.13(2) of P.C Act - Illegal felling of trees - No specific allegations if any with regard to uprooting/felling of trees standing on land used by petitioner for..........
Indian Penal Code, 1860, Section 447 -- Criminal trespass - Unauthorized construction on property owned and possessed by accused - Offence u/s 447 IPC is not made out...........
Indian Penal Code, 1860, Section 447 -- Criminal trespass - Accused in possession of his own property as owner and he not entered into or upon property in possession of another person - Even if he raises constructions, which may be unauthorized, he would not be liable for an offence of criminal trespass punishable u/s 447 IPC - FIR quashed...........
Indian Penal Code, 1860, Section 447, 427, 341, 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/ss 447, 427, 341, 323 IPC and S.3(1)(x) of SC/ST Act - Quashing of FIR - Material available on record shows that accused trespassed into agricultural land of complainant, uprooted trees and hurled caste based abuse at..........
Indian Penal Code, 1860, Section 307, 326, 447, 341, 34 -- Attempt to murder - Non-examination of I.O. - It is not the sound principle of law that there should be examination of I.O. in order to prove its case at the end of the prosecution - However, the Court has to see, whether the prosecution has succeeded in substantiating its case even in absence of I.O. - But, if it..........
Indian Penal Code, 1860, Section 307, 326, 447, 341, 34, Evidence Act, 1872, Section 3 -- Attempt to murder - Appreciation of evidence - Presence of accused alongwith victim inside the house having duly armed in the night and then giving indiscriminate blow over the person of the respective injured side by side also giving firearm injury over the person of PW3 by his..........
