Criminal Procedure Code, 1973, Section 328, 329, 339, Indian Penal Code, 1860, Section 302 -- Murder - Accused suffering from mental disability and in jail for 20 years - Trial not commenced - No possibility of recovery of accused from mental disease - Proceedings quashed...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 468(2)(c) -- Offence u/s 498-A, 406 IPC - Limitation - Last act of cruelty is the starting point of limitation...........
Indian Penal Code, 1860, Section 498A, 406, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Married sister of husband - Allegation in FIR that on some occasions, she directed complainant to wash W.C. and that she used to abuse her and used to pass remarks such as 'even if you have got much jewellery, you are our slave' and that she..........
Criminal Procedure Code, 1973, Section 473, 468, Indian Penal Code, 1860, Section 498A, 406 -- Offence u/s 498-A, 406 IPC - Limitation - Delayed complaints - Court to construe liberally Section 473 Cr.P.C. in favour of wife who is subjected to cruelty, if on the facts and in the circumstances of the case it is necessary so to do in the interests of justice - When conduct..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 452, 323, 148, 149 -- Bail - No injury on vital part of body of deceased which can be said to have been caused by the petitioners - Co-accused already granted bail - Petitioners in custody for last one year and two months - Bail granted...........
Criminal Procedure Code, 1973, Section 195, 340 -- Forged agreement to sell - Complaint made to police and offence u/s 420, 467, 471, 120-B, 453 and 380 IPC registered - Civil suit for specific performance filed thereafter on the basis of forged agreement to sell - Bar of Sections 195 & 340 is not attracted - No illegality in taking cognizance of offence for forgery of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 453, 380, 120B -- Forged agreement to sell - Quashing of FIR and charge - In the course of investigation disputed documents sent to Forensic Science Laboratory and the report reflects that the documents were forged - Held, it cannot be said that there was no prima facie..........
Indian Penal Code, 1860, Section 306, 107, Criminal Procedure Code, 1973, Section 482 -- Suicide - In suicide note name of appellant appearing at two places - Except this there is no reference of any act or incidence whereby appellant is alleged to have committed any willful act or omission or intentionally aided or instigated the deceased in committing the act of suicide..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Murder - Bail - Opinion of Board of Doctors that death caused by myocardial infraction and not on account of external injuries caused in the ordinary course of circumstances - Prima facie offence u/s 302 does not appear to have been made out - Even if there was common intention the same was..........
Criminal Procedure Code, 1973, Section 320(2, 320(8), Indian Penal Code, 1860, Section 323, 325 -- Compounding of offence - Can be allowed before judgment of conviction - After passing of judgment of conviction, compounding of offence cannot be permitted and Court has to pass order regarding sentence - However, if order of conviction and sentence is challenged in appeal or..........
