Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Accused driving his jeep rashly and negligently dashed in backside cycle of deceased - Deceased died on the spot and his cycle was broken - Alleged jeep was stationed in police chaunki on same day after accident by accused - Owner of vehicle is not produced by accused - PW1 was sole eye witness to..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Quantum of sentence - Accused no where stated that he was authorized to drive alleged jeep and he had any driving licence - Driving of any vehicle by unqualified driver, at any public road, in a manner so rash and negligent as to endanger human life and causing death of any innocent person has..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 179 -- Offence u/s 498-A IPC - Jurisdiction - Place where wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused as well as complainant were present in engagement ceremony - With a view to celebrate, shots were fired in air, which unfortunately hit deceased and as a result of which he died - Accused `C' had no intention to commit murder as prosecution failed to establish on record any motive with..........
Indian Penal Code, 1860, Section 464 -- False document - Mere making a false statement in a document would not come within ambit of S.464 IPC and would not amount to forgery...........
Indian Penal Code, 1860, Section 464 -- False document - It is the essence of making a false document that signature, seal or date shown on it should be false...........
Indian Penal Code, 1860, Section 465, 468, 471, 482, 34 -- Forgery - Accused by portraying himself as spiritual head by a section of community and by making a statement which was apparently incorrect, cannot be held responsible for having committed offence of forgery - If there was an injunction restraining accused from acting said spiritual head, party aggrieved can..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Prosecutrix found habitual of sexual intercourse in report of scientific analysis - No evidence of sexual intercourse was found - She went underground and her cell phone is now switched off - Investigation reveals that petitioner informed his family members qua his..........
Indian Penal Code, 1860, Section 364A -- Kidnapping of 5-6 years old boy for ransom - Failure of police to recover dead body is not much of consequence in the absence of any explanation by accused both with regard to victim last being seen with him coupled with recovery from his house of belongings of deceased - Accused rightly convicted...........
Indian Penal Code, 1860, Section 364A -- Kidnapping of 5-6 years old boy for ransom - PW5, liquor shop owner deposed that on the day of incident itself accused and co-accused had come to his shop to purchase liquor - Accused introduced co-accused as his relative and they accompanied by a boy aged about 5-6 years - They consumed liquor at shop of PW5 for about 2 hours and..........
