Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Informant did not support prosecution case - Testimony of other PWs also does not establish prosecution case - Accused cannot be held liable based on high speed alone without any further evidence that accused was in breach of his duty to take care which he had failed to do so - Acquittal upheld...........
Indian Penal Code, 1860, Section 499 -- Exception 1 - Defamation - Merely because petitioners accurately reported the allegations in newspapers, would not bring them within exception 1 of S.499 IPC, unless it was established that imputation to complainant's character and conduct in accepting money for political gain was true and it was in public good to publish the same...........
Indian Penal Code, 1860, Section 500, 120B, Information Technology Act, 2000, Section 66, 67 -- Defamation - No material brought on record to even prima facie indicate that petitioners had reported or published imputation concerning complainant to harm his reputation or knowing or having reason to believe that it would cause harm to his reputation - Proceedings quashed...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused No.1 in the course of altercation picked up iron rod and hit deceased - One blow inflicted on head of deceased resulting in his death that too after five days - There is no pre-meditation and it was deceased and persons along with him who chased and confronted accused - There cannot be any..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 511, 343, 419, 506, 120B, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(2)(va) -- Anticipatory bail - Offence u/ss 307, 511, 343, 419, 506, 120B, 34 IPC and Ss.3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act - There is only one alleged..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Appellant was not named in FIR and his name came into light on the basis of statements of witnesses - There are discrepancies in the evidence of eye witnesses - Sim number on basis of which location and movement of appellant was alleged to have been established near crime scene, does not belong to appellant -..........
Indian Penal Code, 1860, Section 307, 504, 509, 506 -- Attempt to murder - Non-explanation of injuries suffered by accused - Failure to account for injuries suffered by accused raises serious doubts regarding prosecution story and suggests possibility of a different sequence of events than one projected by prosecution - There is also difference of opinion with regard to..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - There is no promise of marriage to coerce consent from victim for sexual intercourse as forthcoming from the statements made by victim - Promise if any was after first physical intercourse and even later allegation was forceful intercourse without any..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Factum of causing injury or not causing injury would not be relevant when an accused is roped in with aid of S.149 IPC...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - No overt act is required to be imputed to a particular person when charge is u/s 149 IPC - Presence of accused as part of unlawful assembly is sufficient for conviction...........
