Indian Penal Code, 1860, Section 302, 304(Part I) - - Accused committed the act on spur of moment in a petty quarrel with his wife/deceased - He did not have requisite mens rea to commit offence of murder - Motive of crime not proved on record - But as he is a grown up man, he knew his actions of pressing neck would cause such bodily injury which may lead to death of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - `Go and die' - Mere utterance of word by accused towards deceased in a quarrel or on spur of moment that he should go and die cannot be considered as an instigation by accused for deceased to commit suicide, as no mens rea on part of accused in uttering those words can be gathered from evidence of PWs - Accused..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between two groups of people over digging of earth and incident of assault started - Incident occurred in a fit of anger on sudden provocation due to intervention of deceased during quarrel - Nothing on record to show that there was any such enmity between accused and deceased - No evidence..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 32 -- Abetment of suicide - Dying declaration - PW17 who recorded dying declaration of deceased mentioned that deceased in her dying declaration stated that there was a quarrel with regard to accused going to work and accused directed deceased to stay at home or to go away - This utterance as indicated in..........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere inability to return loan amount cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of transaction, as it is this mens rea which is the crux of offence...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Objectionable communication through phone between accused/wife and his friend - When one partner does such activity clandestinely, then it pre-supposes guilty mind - However, such an act or guilty mind cannot be substituted for mens rea as required u/s 107 IPC - Guilty mind is necessarily to be linked with..........
Indian Penal Code, 1860, Section 499 -- Defamation - Exception 8 - Accused circulated contents of letters to students, lecturers and colleges staffs to defame complainant alleging that they illegally earned one lakh by conducting coaching classes - However, imputations in published letters found substantially true - Requisite mens rea, intent, knowledge to satisfy offence..........
Indian Penal Code, 1860, Section 409, Criminal Procedure Code, 1973, Section 173(8), Haryana Civil Services (Punishment and Appeal) Rules, 1987, Rule 8, Haryana Panchayati Raj Act, 1994, Section 53, Constitution of India, 1950, Article 243 -- Misappropriation of funds - Disciplinary proceedings - Interpretation of `misconduct' committed by Sarpanch or a Panch is to be seen..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Accused acquitted in a complaint filed u/s 138 of the Act with a categoric finding that accused was not under any legally enforceable debt or liability - Therefore, there was no mens rea on the part of accused to cheat or that he had any dishonest intention qua the..........
Criminal trial -- Criminal proceedings should not be encouraged when mens rea is lacking in issue involved and transaction between parties is one of civil nature...........
