Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Accused met victim by chance and offered to drop her to her village - He pushed victim to ground from her shoulder and after victim struggled and pushed him away he released her - Even if it is assumed that he had intention to commit crime, there is no material to prove that he has made preparation for same and..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Genesis of dispute was that deceased purchased a car jointly with co-accused - Dispute if any was between co-accused and deceased and not between other accused - Wife and daughter of deceased declared hostile - Even all the PWs not supported prosecution case - Prosecution failed to prove its case - Accused acquitted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Last seen theory - No evidence on record that accused was seen together with deceased before occurrence - Statement of accused u/s 313 Cr.P.C is that deceased left the house in night with his permission - Fact that accused and deceased usually stayed together in the..........
Criminal Procedure Code, 1973, Section 437(4), Indian Penal Code, 1860, Section 304B, 498A, 306 -- Bail - Dowry death - Cruelty - Magistrate granted bail to accused - However, order does not give reasons sufficient to hold that there are no reasonable grounds for believing that accused have been guilty of offences - Magistrate thus, acted without jurisdiction in granting..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Reduction of sentence - Accused has two daughters of marriageble age viz. 19 and 21 years - There is no male member in family to take care of family and also of daughters - Considering peculiar facts and circumstances of case, sentence awarded to accused is reduced from five years to two years...........
Indian Penal Code, 1860, Section 452, 323, 427, 504, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 452, 323, 427, 504, 506, 34 IPC - Parties have compromised the matter - There are bleak chances of conviction - FIR quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 34 -- Bail - Abetment of suicide - Petitioner is in custody since 17.1.2020 - He is not involved in any other case and is no more required for further investigation - More so, there is no direct allegation against petitioner of extending any threat, as he himself is a victim and was under..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 511, 109, 34, 120B, 409, 420, 405, 417, 426, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17 -- Complaint u/ss 511, 109, 34, 120-B, 409, 420, 405, 417 and 426 IPC - Dispute regarding recovery of dues by bank - Dismissal of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Credibility of eye-witness - Any illegality or irregularity committed by investigating officer, where witnesses are not privy, either bonafidely or deliberately, could not be basis to reject testimony of eye-witness...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Testimony of eye-witnesses though closely related, but found to be natural - Prosecution witnesses who were returning from another village saw incident are natural witnesses - Ocular evidence of prosecution witnesses duly corroborated by medical evidence - Conviction of accused proper...........
