Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Gunshot injury - Deceased died due to single gunshot injury resulting in instantaneous death - However, alleged eye witness reached to the place of occurrence after incident which had already taken place - There is previous enmity between parties, thus, possibility of false implication of..........
Indian Penal Code, 1860, Section 497 -- Adultery - S.497 IPC declared unconstitutional as per Jospeh Shine case.. - Such law applies to all pending proceedings as well - Therefore, conviction of accused u/s 497 IPC as awarded in the instant case, set aside...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 326, 232, 324, 427, 34, Arms Act, 1959, Section 25, 54, 59 -- Quashing of proceedings - Compromise - Offence u/ss 452, 326, 232, 324, 427, 34 IPC and Ss.25, 54, 59 of Arms Act - Dispute between parties amicably settled inter se - Compromise is genuine - FIR along with consequent proceedings..........
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal conspiracy - Contract of civil nature - If there is element of cheating and fraud it is always open for a party in a contract to prosecute the other side for the offences alleged - Order quashing complaint, set aside...........
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal conspiracy - Element of cheating and fraud - Mere filing of suit or complaint u/s 138 N.I. Act by itself not a ground to quash the proceedings - Order quashing complaint, set aside...........
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal conspiracy - Contract of civil nature - Novation of contract - Whether there is novation of contract or not and the effect of such entering into contract is a matter which is to be considered after trial but not at the stage of considering..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Summoning of additional accused - Sexual assault of 6 years old minor girl - Father of child filed an application to summon person who wears spectacles, as identified by victim - Allegation in first version are only..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused was residing in the house of complainant along with his family - He was seen by PWs a day prior to incident in the area where incident occurred and accused was missing from house on day of incident - Ear rings and necklace of deceased was missing when PWs saw dead body of deceased - There..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 419, 465, 467, 415, 417, 471, 477A, 470, 149 -- Bail - Offence u/ss 420, 406, 419, 465, 467, 415, 417, 471, 477-A, 470, 149 IPC - Allegation of financial irregularities against directors and officials of Co-operative society - However, general public or depositor or members of society..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Prior enmity between parties - There were exchange of words prior to occurrence - Blunt side of axe used when deceased was lying facing upwards and injury was caused below on legs only - Informant admittedly took more than one hour to shift injured to hospital and deceased died due to haemorrhage -..........
