Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Political enmity between parties - Accused was suddenly confronted with victims and in fight ensued in which injuries came to be inflicted upon deceased and other victims - Incident occurred due to sudden fight without any premeditation - Cause of death of deceased is knife blow on chest of deceased -..........
Indian Penal Code, 1860, Section 100, 304(Part I) -- Right to private defence - Offence u/s 304(Part I) IPC - All the injured witnesses have consistently deposed death of deceased by accused - Injury received by accused is not serious, therefore, he could not have attacked deceased on chest which is vital part, as such injury is likely to cause death - Accused is not..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Reference to certain exchanges about laddoos(sweets) is too petty to be treated as an instigation leading to torture of victim for dowry...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Mother of deceased/PW3 did not name accused in her testimony - Allegation of ill-treatment was attributed more to husband of deceased - PW3 vaguely stated that chacha and phoopa also used to make demands - Vague statement attributing certain acts of commission collectively to persons accused cannot be..........
Indian Penal Code, 1860, Section 468, 471, 120B -- Forgery - Criminal conspiracy - Accused allegedly fabricated partition deed and executed GPA in favour of A3 and A4 - Petitioner entered into sale agreement to purchase the property from A3 and A4 - He also committed offence in connivance with other accused to grab the property from complainant - All accused conspired..........
Indian Penal Code, 1860, Section 363, 366A, 376, 344 -- Kidnapping and rape - Prosecutrix was 18 years of age at the relevant time - She was recovered after a period of 4 months - Medical report does not support prosecution case as to rape - No injuries were found on the body of prosecutrix - There was no other person admittedly with accused either in the act of kidnapping..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.306 IPC to S.302 IPC - Charge framed u/s 306 IPC - Complainant or State did not challenge that charge - Satisfaction of trial Court qua charge attained finality - Mere allegation of complainant that his son is murdered is not sufficient to frame charge u/s 302 IPC, in absence of any other..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.306 IPC to S.302 IPC - Last seen evidence - Merely evidence of last seen with deceased is no ground to frame charge u/s 302 IPC against accused, unless it is accompanied by other facts which constitute a complete chain to incriminate accused, which leads to only one conclusion that it is accused only..........
Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - Accused acquitted u/s 304-B IPC, as oral testimonies of crucial witnesses not disclosed any material connecting accused to crime - However, accused convicted u/s 201 IPC on the basis of evidence of PW1 and PW2 - Evidence of PW1 and PW2 does not disclose any material to implicate accused in offence u/s 201 IPC -..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Mere presence in an unlawful assembly cannot render a person liable unless there was a common object being one of those set out in S.141 IPC and she was actuated by that common object...........
