Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 360(1), Probation of Offenders Act, 1958, Section 4 -- Conviction u/s 498-A IPC - Release on probation - Court of Sessions and High Court omitted to consider whether appellants can be granted benefit of probation either u/s 360(1) Cr.P.C. or u/s 4 Probation Act - Matter remitted to High Court for..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - In order to establish charge u/s 307 IPC, all the ingredients u/s 302 IPC are required to be proved, except murder...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - In order to prove a charge u/s 307 IPC, it is even not necessary for prosecution to show that victim received any injury - If prosecution is successful to prove that victim committed some overtact which, if successful would have caused murder to victim, accused may be held guilty for committing offence u/s 307..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307 -- Framing of charge - Offence u/s 307 IPC - At the time of framing of charge, Court has to see whether the act, irrespective of its result was done with intention or knowledge and under the circumstances mentioned in S.307 IPC...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Court straightaway administered oath to minor witness without recording satisfaction that minor was competent to depose - This raises a question mark on his testimony especially when a minor witness can be easily tutored - Moreover, contradictions were found in testimony of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 313 -- Murder of four members of family - Dying declarations - Evidence of PW11 about dying declarations made by deceased persons has not been put to accused in his examination u/s 313 Cr.P.C - Even the fact that dying declarations were made by deceased to PW11 was..........
Indian Penal Code, 1860, Section 302 -- Murder of four members of family - Testimony of PW3 - PW3 stated that deceased `A' told PW1 in hospital that accused and co-accused poured kerosene oil and set her and her daughters on fire - In the cross-examination, PW3 admitted that he gave a statement to I.O. according to whatever PW1 told him - When he was confronted with his..........
Indian Penal Code, 1860, Section 302 -- Murder of four members of family - Non-explanation of injuries suffered by co-accused - Accused and co-accused were standing outside the room and were not allowing anybody to enter the room after pouring kerosene oil on victims - However, co-accused is himself a victim of fire - There is no explanation offered by prosecution as to..........
Indian Penal Code, 1860, Section 420, 419, 465, 467, 471, 120B -- Cheating - Role assigned to petitioner is that she impersonated as one `S' and stood surety for one accused in NDPS case - Specific findings are recorded by trial Court that petitioner is guilty of charges levelled against her - However, petitioner has already undergone 5 months and 1 days imprisonment - No..........
Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Kidnapping and rape - Age of prosecutrix - No cogent and satisfactory evidence has been led by prosecution to prove exact age of prosecutrix - In the absence of any cogent and satisfactory evidence on record, it cannot be said that prosecutrix was minor at the time of alleged incident...........
