Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Petty quarrels cannot be termed as `cruelty' to attract the provision of S.498-A IPC...........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Causing mental torture to the extent that it becomes unbearable may be termed as cruelty...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against mother-in-law - Deceased had not committed suicide on account of either demand for dowry being made or cruelty being inflicted on her as per PWs - Neighbour of appellant who was examined as DW1 has deposed that appellant had never made any demand for dowry - She also deposed that deceased had informed..........
Indian Penal Code, 1860, Section 100 -- Right of private defence - When an attack is sought to be made on accused by a person, who goes to place of accused armed with pistol and thereafter shoots him on his head causing injury, there is no way accused would apply his rational mind in exercising his right of private defence...........
Indian Penal Code, 1860, Section 304(Part I), 100 -- Offence u/s 304(Part I) IPC - Right of private defence - Deceased was aggressor - He was one who went to clinic of appellant armed with a pistol and attacked him - Appellant attacked deceased in retaliation - Plea of private defence is accepted - Appellant acquitted...........
Goa Children's Act, 2003, Section 8 -- Child abuse - A simple blow with a school bag, without any evidence of deliberate or sustained maltreatment, does not satisfy essential ingredients of child abuse - To invoke penal consequences of such a serious offence in absence of clear intention or conduct indicative of abuse would amount to an unwarranted expansion of provision...........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - Alleged act of appellant in abusing the child could not be construed to be such which was intended to provoke breach of peace - Conviction u/s 504 IPC is not sustainable...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 323, 352 -- Benefit of probation - Offence u/ss 323, 352 IPC - Offence punishable u/s 323 IPC carries maximum punishment of S.I. for one year whereas offence punishable u/s 352 IPC carries maximum punishment of imprisonment for 3 months - Thus, mandatory provision of S.4 of the Probation of..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in a spur of moment without premeditation when appellant was in a state of inebriation due to quarrel between appellant and his wife - Death of deceased was caused by a single fatal injury on head caused due to blunt impact - No weapon explaining injury seized - Deceased was..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Determination of age of victim - When there is documentary evidence available on record, medical opinion with regard to age of victim becomes irrelevant...........
