Indian Penal Code, 1860, Section 498A, 306 -- Offence u/ss 498-A, 306 IPC - Reduction of sentence - Occurrence took place in the year 2015 - Accused already undergone a period of more than 4 years incarceration out of total 10 years R.I for offence u/s 306 IPC so also suffered agony and trauma of protracted trial - It would be just and proper If sentence awarded by trial..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused duly identified by complainant during trial as person with whom deceased was residing in shop-i, question - Complainant had no ill-will or enmity against accused to have falsely involved in the case - Accused suffered a disclosure statement u/s 27 of the Act and stone and crutches used at..........
Indian Penal Code, 1860, Section 364A, 302, 201, 34 -- Kidnapping for ransom - Murder - Circumstantial evidence - Recovery of dead body of deceased - Allegation that accused was seen carrying dead body of deceased in a rexin bag on the day after girl went missing - However, dead body was found after ten days - Post mortem conducted thereafter indicated time of death to be..........
Indian Penal Code, 1860, Section 364A, 302, 201, 34 -- Kidnapping for ransom - Murder - Circumstantial evidence - Recovery of drawing book of deceased from house of accused - Prosecution alleges that threatening letter was written on a piece of paper from said drawing book - However, no attempts were made either to have any forensic analysis or examine handwriting expert..........
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..........
