Indian Penal Code, 1860, Section 307, 353, 332, 427, 186, 109, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(R), 3(1)(S) -- Offence u/s 307, 353, 332, 427, 186, 109 IPC and Ss.3(1)(R), 3(1)(S) of SC/ST Act - Quashing of FIR - Specific allegations of accusing injury to complainant while discharging official duty is levelled in FIR..........
Indian Penal Code, 1860, Section 323 -- Simple hurt - For an offence u/s 323 IPC, there need not be a compulsory presence of medico legal report, because for a simple hurt even one slap will be sufficient, having no medical injury...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC - Prior litigation pending between parties - Accused assaulted complainant party with lathi and tamancha - They chased complainant who tried to hide himself in a room of tubewell but they did criminal trespass, threat and..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused were five in number - However, there was only a single injury caused to deceased although they had opportunity to inflict further injuries - If the intention of accused was to kill deceased, they could have dealt several blows to deceased - Nature of wound is not devastating so as to exhibit..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused as under trial had undergone 2 years 8 months 11 days of custody - He after his conviction by Sessions Court in 1995 till 2006 remained in custody completing 11 years 9 months 26 days - Accused thus, undergone total custody of 14 years 6 months 7 days - Acquittal upheld...........
Indian Penal Code, 1860, Section 420, 406, 34 -- Cheating - Criminal breach of trust - Offence by company - Vicarious liability - When company is offender, vicarious liability of directors cannot be imputed automatically, in absence of any statutory provision to that effect...........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Criminal breach of trust - Offence by company - Vicarious liability - There is no vicarious liability in criminal law upon directors of a company, when offence is committed by company - A director of a company can be made an accused along with company only if there is..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Reduction of sentence - Accused attacked PW2/Headmaster only under impression that PW2 was responsible for transfer of his wife to another school - In view of evidence of injured witness and recovery effected from accused, conviction of accused is upheld - However, accused is in custody for about 1 year and 2..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 148, 149 -- Bail - Murder - Role attributed to petitioner is only lalkara - Petitioner is summoned u/s 319 Cr.P.C on presentation of supplementary challan - She is suffering from HIV +ve from last 6 years and requires much more treatment - Bail granted to petitioner...........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 394, 396, 449 -- Test Identification Parade (TIP) - Dacoity - Incident occurred after mid night - Each of eye witnesses had suffered number of injuries, thus, every one of them had sufficient opportunity to observe accused to have an enduring impression of identity of assailants - Three eye witnesses seen..........
