Indian Penal Code, 1860, Section 364A, 302, 201, 34 -- Kidnapping for ransom - Murder - Circumstantial evidence - Threatening calls - STD booth operator stated that two calls were made from his STD to specified mobile numbers - However, nothing has been brought on record that those mobile numbers belongs to PW4 and PW10 or were in any way under their control - Mere..........
Criminal Procedure Code, 1973, Section 195(1)(a), 173, Indian Penal Code, 1860, Section 188 -- Cognizance of offence on basis of police report - Offence u/s 188 IPC - No complaint ever filed in Court by Public servant concerned - FIR u/s 188 IPC itself was impermissible and cognizance of offence on basis of a police report was barred - Summoning of petitioner after taking..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Dispute between family members of one family relating to partition of ancestral property - Sudden fight between parties - There was no premeditation on part of accused and act was done in a heat of passion - It is not the case of prosecution that accused has taken any undue advantage or acted in a..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Collusion between bike and car - Death of driver of bike - PW1 complainant and eye witness of incident deposed that accident occurred due to fault of car driver - However, evidence on record shows that deceased was coming on bike while talking on mobile - Bike was coming in a high speed and hit..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 323, 427, 447, 506(2), 34 -- Quashing of proceedings - Attempt to murder - Allegations in complaint coupled with statements recorded by Magistrate, shows necessary ingredients of offences u/ss 307, 323, 427, 447, 506(2) r/w 34 IPC - Power to quash proceedings is generally exercised when there..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Dispute regarding common embankment in between lands of two closely related parties - Incident occurred in sudden fight in heat of passion upon a sudden quarrel when accused were destroying the said embankment and deceased requested them not to do so - Accused gave spade blow on head of deceased and..........
Indian Penal Code, 1860, Section 307, 34 - - A-1 carrying pistol shot at PW6 at his chest which pierced through his chest - When PW7, tried to interfere, A-1 shot at PW7 too - Attempt by A-1 was with intention to teach lesson to PW6, as to why he opposed A-3 from spreading rubble in the field and there was some hot exchange between them - Injuries caused to PW6 were..........
Indian Penal Code, 1860, Section 307, 34 - - Quantum of sentence qua A-1 - Considering injuries caused to PW6 i.e gunshot wounds in chest and opinion of Doctor that injuries caused to PW6 are capable of causing death, High Court was not right in reducing sentence of A-1 - Though Court has discretion in awarding sentence, it should be commensurate with gravity of offence -..........
Indian Penal Code, 1860, Section 307, 323, 34Offence - - A-2 and A-3 were not armed at the time of occurrence - They attacked injured with fit and kicked with sticks - Accused held, rightly acquitted u/ss 307, 34 IPC - So far as their conviction u/ss 323, 34 IPC is concerned, High Court rightly reduced their sentence to period already undergone by them considering their..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Body parts of deceased recovered from burning `Bitora' (conical storage of cow dung cakes) - Said Bitora was not in possession of accused, as it was located in open area in the field of one person - Accused was not required to explain circumstances of body parts being found..........
