Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Death by poison - Deceased and accused were residing together in a room adjacent to factory of accused - Injuries and nail marks evince resistance by deceased to forcible administration of poison - Accused as per his own statement u/s 313 Cr.P.C handed over a bottle of poison to police stating that..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of proceedings - Grave and serious offences as one u/s 376 IPC cannot be subject matter of quashment of criminal proceedings on ground of settlement between accused and victim...........
Indian Penal Code, 1860, Section 375 - - Rape upon wife by husband - Marriage between parties has taken place before the amendment to S.375 IPC i.e prior to 11.10.2017 - Wife thus, completed the age of 15 years as on date of solemnization of marriage - She continues to get benefit of S.375 Exception No.2 IPC - Sexual relationship after solemnization of marriage between..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of proceedings - Marriage between accused and prosecutrix arranged by families on both sides when accused was 25 years of age and prosecutrix was 17 years old - However, they had entered into sexual relationship only after solemnization of marriage and..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Incident occurred after verbal exchange between accused and deceased - Provocation for committing offence in heat of moment cannot be ruled out - Only one gun shot was fired on deceased - Deceased ran 35 to 40 feet before collapsing - Accused had ample opportunity of finishing him off by firing more than one..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of FIR - Cheating - Compromise - Parties have amicably settled their dispute - Complainant has no objection if FIR is ordered to be quashed in view of compromise effected between parties - No useful purpose would be served in allowing criminal proceedings to..........
Indian Penal Code, 1860, Section 323, 324, 34 -- Offence u/ss 323, 324, 34 IPC - Both the parties received injuries in the incident - Accused party suffered grievous injuries - However, injuries suffered by complainant side were insufficient and those can be self inflicted and were received when they were stopped by accused and in their self defence all injuries suffered..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and rape - Age of prosecutrix - Prosecutrix stated that she had misrepresented her age to be eighteen years to accused just to accompany him - She categorically stated that had she not done so, accused would not have allowed her to accompany him -..........
Indian Penal Code, 1860, Section 307, 308, Arms Act, 1959, Section 25, 54, 59 -- Nature of offence - Accused fired at victim at the spur of moment, when victim tried to intervene between accused and one `R' - There was no pre-meditation on part of accused to attempt murder of PW7 - Injury suffered by PW7 is not grievous and is simple in nature - No cogent evidence of..........
Indian Penal Code, 1860, Section 308, Arms Act, 1959, Section 25, 54, 59 -- Offence u/s 308 IPC and Ss.25, 34, 59 of Arms Act - Testimony of eye witness - Presence of PW8 at the time of occurrence is not doubtful, since he was a resident of same locality and had accompanied victim to hospital soon after occurrence - PW8 deposed regarding having witnessed accused fired at..........
