Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 504, 427 -- Sanction for prosecution - Offence u/ss 323, 504, 427 IPC - Accused a public servant at relevant time, as he was holding post of District Programme Officer - He was deputed in premises of District Magistrate in connection with `Janta Darbar' and was performing his duty on date of..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 452, 323, 504, 506 -- Summoning of additional accused - Offence u/ss 452, 323, 504, 506 IPC - No allegations on record against proposed accused except that they also have said to entered the house of complainant but not armed with any weapon - Even complainant has not made any whisper that any..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 326A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Offence u/ss 498-A, 326-A, 323, 504, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Applicant is a minor sister-in-law of first informant - Witnesses of fact turned hostile - Rest of accused including..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 427, 323, 504, 506, 34 -- Anticipatory bail - Offence u/ss 452, 427, 323, 504, 506, 34 IPC - Petitioners joined and co-operating in investigation and as such custodial interrogation is not required - No recovery is to be effected from petitioners or at their instance - Moreover, petitioners..........
Indian Penal Code, 1860, Section 354, 452, 325, 323 -- Prosecutrix is grandmother of accused - Delayed FIR - Prosecutrix stated that accused entered into her house, caught hold her hands, muffled her mouth and pulled her down and he wanted to spoil reputation of prosecutrix and only for this reason has beaten her - On perusal of this statement it appears that prosecutrix..........
Indian Penal Code, 1860, Section 307, 323 -- Nature of offence - Single injury found simple in nature on injured, which completely throws away the prosecution story regarding attempt to murder and makes it unreliable - There is complete absence of evidence to infer that accused `B' was having any intention to commit murder of injured - Conviction altered from S.307 to 323..........
Indian Penal Code, 1860, Section 307, 323, 325, 148, 149, 447 -- Offence u/ss 307, 323, 325, 148, 149, 447 IPC - Different versions given by different witnesses as regarding head injury given to injured - This creates a serious suspicion regarding prosecution story - Offence punishable u/s 307 IPC not proved beyond reasonable doubt - As regarding other offences, since..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 341, 323, 324, 307, 337, 338, 387, 504, 506 -- Summoning of additional accused - Offence u/ss 341, 323, 324, 307, 337, 338, 387, 504, 506 IPC - Petitioners summoned only because victim named them along with others - But no overt act is attributed against petitioners - Specific allegation of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 147, 148 -- Quashing of FIR - Offence u/ss 323, 147, 148 IPC - FIR registered in 1991 - Till date challan not presented - Hence, after a lapse of more than 26 years, trial Court cannot take cognizance of offence in view of S.468 Cr.P.C. - FIR along with all consequential proceedings qua..........
Indian Penal Code, 1860, Section 323, 324 -- Nature of offence - All the injuries were declared to be simple in nature - None of injuries was opined to be dangerous to life - Injuries had been caused with a sharp edged weapon i.e. `Kirch' - It is thus, S.324 IPC which is attracted and not S.323 IPC as `Kirch' being a sharp edged weapon has the potential of proving lethal...........
