Indian Penal Code, 1860, Section 323, 342, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(da), 3(1)(dha), 3(2)(ka) -- Offence u/ss 323, 342, 504, 506 IPC and Ss. 3(1)(da), 3(1)(dha), 3(2)(ka) of SC/ST Act - Summoning of accused - Offence took place at a public road in day time in the presence of several persons and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 324, 323, 326, 34 -- Anticipatory bail - Offence u/ss 324, 323, 326, 34 IPC - Appellant has co-operated with I.O. as and when called upon to do so - Custodial interrogation of appellant is no more required - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Bail - Cheating - Appellant is in custody since 2022 - Trial of case is likely to take a long time - Without expressing any opinion on merits of the case, bail granted...........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - Prosecutrix is a major lady aged about 21 years and undisputably she continued to have physical relationship with appellant at least for about one year - She admittedly passed B.Sc, so she is intelligent enough to understand the significance and consequences of moral or immoral quality of act which she was consenting to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Recovery of 12 bore country made pistol from appellant `A' - No bullet was recovered from body of deceased though there is no evidence of any exit wound - Further, doctor candidly admitted to the effect that what was initially stated by him to be a gunshot wound was actually caused by a stabbing weapon - In consequence,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 22, 29, Indian Penal Code, 1860, Section 420, 465, 468, 471, 120B, Arms Act, 1959, Section 25 -- Bail - Contraband - Cheating - Petitioner has already suffered incarceration for a period of more than 5 years, 4 months and 19 days - Investigation was..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Allegations by complainant that even much before her husband died, he used to be blackmailed by respondents - Even a week before her husband's death, her husband had been receiving continuous calls from respondents and whenever he received such calls,..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Single Judge while quashing proceedings u/s 420 IPC gave no reasons as to why material collected by investigating agency which has been placed before Single Judge was not sufficient to constitute an offence punishable u/s 420 IPC - Single Judge thus, acted in a..........
Indian Penal Code, 1860, Section 307, 323, 324, 149 -- Attempt to murder - Reduction of sentence - Incident occurred in the year 1996 - Appellants have undergone a considerable period of incarceration out of total sentence of 7 years R.I. and have also suffered mental agony and trauma of protracted trial - Sentence reduced to period already undergone by appellants -..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Mere high speed does not amount to any negligence on part of accused...........
