Indian Penal Code, 1860, Section 302, 353, 448, 149 -- Murder - Appellant `R' assaulted deceased on the head with stone in presence of PW1, PW2 and PW5 and their evidence proved beyond doubt about act of appellant `R' - Although in postmortem report cause of death has not been specified with respect to a particular injury but on a plain reading of postmortem report it can..........
Indian Penal Code, 1860, Section 302, 353, 448, 149 -- Murder - Identification and participation of other appellants other than `R' in assault has not been proved beyond reasonable doubt by prosecution - Conviction and sentence of appellants set aside...........
Indian Penal Code, 1860, Section 376D, 366, 354A, 323, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Rape - Compromise - Quashing of proceedings - Misunderstanding in lodging FIR - Terms of compromise are unacceptable for quashing FIR...........
Indian Penal Code, 1860, Section 354A -- Sexual Harassment - Conviction - Accused contacted prosecutrix and insisted hereto disclose her name and expressed in words "I love you" - However, prosecution witness nowhere revealed that accused uttered "I love you" with a sexual intent - Further as per evidence on record neither suggest that the accused real intention was to..........
Indian Penal Code, 1860, Section 354A -- Sexual Intent - Mere utterance of words "I love you" by itself does not amount to sexual intent...........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Expression "any instrument, which used as weapon of offence, is likely to cause death" should be construed with reference to nature of instrument and not manner of its use...........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Stone as weapon of offence - Stone may qualify as dangerous weapon depending on its nature, size, sharpness or its potential to cause death of person...........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Conviction u/s 326 IPC can only be passed, if one of injuries in S.320 IPC is strictly proved - Eight clause of S.320 IPC is no exception to general rule that penal statue must be construed strictly - If hurt caused fall outside any of categories mentioned u/s 320 IPC, it can only be simple hurt defined u/s 319 IPC..........
Indian Penal Code, 1860, Section 323, 326 -- Hurt - Grievous hurt - Accused charged u/s 326 IPC can be convicted u/s 323 IPC, even if there is no specific charge for latter, provided evidence supports lesser offence...........
Indian Penal Code, 1860, Section 326, 323 -- Hurt and Grievous Hurt - Nature of offence - Trial court convicted accused u/s 326 IPC - However, prosecution failed to adduce any evidence to prove that MO1 stone either qualifies expression `an instrument of cutting' or expression `any instrument which, used as weapon of offence, is likely to cause death' found in S.326 -..........
