Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Non-explanation of injuries on persons of accused, creates a doubt as to whether prosecution has brought on record real genesis of incident - Such non-explanation, however is a factor which is to be taken into account in judging veracity of PWs and Court has to scrutinize evidence with care...........
Indian Penal Code, 1860, Section 302, 307, 34, 100 -- Murder - Right of private defence - Incident took place in front of house of appellant when PW2/injured eye witness was returning from Talab after washing his body - As appellants saw accused `D' being assaulted, they in exercise of their right of private defence assaulted PW2 and all others who intervened - Therefore,..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Non-explanation of injuries on persons of accused - Accused had received injuries on their body but no cross FIR was lodged by them - They got themselves medically examined after five days of incident - However, all the injured accused were medically examined by Government Doctor - Said injury reports were neither..........
Indian Penal Code, 1860, Section 174A, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Petitioner is acquitted of charges in main complaint u/s 138 of N.I. Act - No useful purpose would be served by continuing proceedings u/s 174-A IPC against petitioner - FIR u/s 174-A IPC along with all..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating & Criminal breach of trust - Quashing of FIR - Non payment of sale price - Does not amount to cheating and criminal breach of trust - FIR quashed...........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - FIR is filed showing that appellant had an intention to cheat and commit breach of trust - However, documents on record belie the allegations in FIR - Mere civil dispute has been given the colour of an offence of cheating and criminal breach of trust - By..........
Indian Penal Code, 1860, Section 364, 376 -- Abduction and rape - Entire story as narrated by victims is full of holes and it raises a grave suspicion which qualifies as reasonable doubt - Nobody examined from matrimonial house to speak on the victims having left their residence without informing their in-laws or their husbands - Doctor who examined victims, deposed that..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Merely because act of an accused is highly insulting to deceased by using abusive language would not by itself constitute abetment of suicide - There should be evidence suggesting that accused intended by such act to instigate deceased to commit suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Remark made questioning the manhood of deceased could be hurtful and may affect a person's dignity - But it cannot in itself and especially after a gap of nearly a month between incident and suicide can be construed as a sufficient provocation that would impel an ordinary reasonable person to take such an..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Suicide note - There has been no contact whatsoever either in person or by phone or any other means between deceased or his relatives and his wife or any of other accused which would indicate continuous harassment or torture or any sort of pressure at the hands of..........
