Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25, Criminal Procedure Code, 1973, Section 319, 173 -- Attempt to murder - Summoning of petitioner to appear before Court as accused - Revision petition - Contention of petitioner that supplementary report u/s.173(8) Cr.P.C. has not been submitted and so order of summons being premature - Complainant shot by..........
Indian Penal Code, 1860, Section 392, 397 -- Robbery - Use of paper cutter as a weapon in committing robbery on neck of victim, which could be fatal is sufficient to terrorize a victim into yielding under fear of an injury, which invites punishment u/s 397 IPC - Accused rightly convicted...........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 3, 4, 6 -- Addition of charge u/s 406 IPC and Ss.3, 4, 6 of Dowry Prohibition Act - No specific allegations with regard to entrustment of property and also misappropriation of same by A-1 to A-3 - In absence of any material both the Courts below have..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Death due to strangulation - Accused and deceased had a quarrel on fateful day over domestic issue - Thereafter accused slapped and manually strangulated his wife to death - Intention of accused to commit murder of deceased is there - Accused is liable to be convicted u/s 302 IPC...........
Indian Penal Code, 1860, Section 302 -- Murder - Allegation on mother-in-law - Motive attributed to A-2 in FIR arising out of her alleged immoral conduct is not proved at all - Although, it may be possible that A2 was present at the place of occurrence as her alibi does not inspire confidence, her culpability in factual matrix of case, appears to be tenuous as deceased..........
Indian Penal Code, 1860, Section 302, 304A -- Nature of offence - Accused killed deceased in the field believing her to be a wild boar - He immediately went to surrender himself before police after he discovered that he shot a woman - Accused had no intention of causing death - There is no premeditation to kill deceased - However, accused acted in haste without taking due..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of order - Order rejecting permission to go abroad - Cheating - Petitioner is a green card holder and he came to India for managing his properties and he was involved in present litigation - Case is at the stage of presentation of supplementary challan and it will take some..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354D, 342, 506 -- Bail - Rape - Accusations levelled against accused are severe but there are no reasonable apprehensions of his tampering with evidence - Cross cases were filed against each other - Both the parties crossed their limits and at this stage it is very difficult to adjudicate as..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406 -- Anticipatory bail - Offence u/ss 498-A, 406 IPC - Application for anticipatory bail was rejected by High Court - However, Supreme Court vide its earlier order granted stay of arrest - Having regard to facts and circumstances of case, appellant should be granted benefit of provisions..........
Indian Penal Code, 1860, Section 376(A), 302, Evidence Act, 1872, Section 30 -- Rape and murder of 5-1/2 years old deaf and dumb girl - Confessional statements of co-accused - Co-accused stated that they along with accused took dead body in a white plastic bag and threw it near muddy nala besides railway track - In addition memorandum statement of accused discloses about..........
