Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence of eye witnesses - A-4 fired on abdomen of deceased - Non-recovery and no, production of weapon would not materially affect the prosecution case...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence of eye witnesses - Eye witnesses witnessed the incident and stated that deceased was surrounded by accused persons - Said witnesses are natural witnesses, as they were purchasing some articles in market at the time of occurrence - Moreover, both the Courts below accepted evidence of eye witnesses as credible -..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Quashing of FIR - Locus standi to file FIR - Complainant is stranger to entire exercise allegedly adopted by accused in connivance with accused no.2 - He is not effected with any of transactions by accused - Complainant thus, has no locus standi to lodge FIR - FIR quashed, particularly when aggrieved person of..........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 323, 325, 143, 147, 149, Bombay Police Act, Section 135 -- Appeal against acquittal - Application for leave to appeal - Offence u/ss 323, 325, 143, 147, 149 and S.135 of Bombay Police Act - High Court while rejecting application for leave to appeal has stated that medical evidence did not..........
Indian Penal Code, 1860, Section 323, 504, Criminal Procedure Code, 1973, Section 2(d), 190, 200 -- Offence u/ss 323, 504 IPC - Summoning of accused - Investigation was undertaken for no, cognizance offence and charge sheet filed under no, cognizance offences only - Charge sheet therefore, should be treated as a complaint - Order of cognizance as well as summoning order,..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Charge u/s 307 IPC is not dependent upon causing of injury - Even an attempt made to cause injury on head of injured, may itself be sufficient to frame charge u/s 307 IPC...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Mere delay in giving opinion by Doctor is not sufficient to hold that no offence u/s 307 IPC is made out...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Prima facie on the basis of injury suffered by injured i.e fracture on left temporo-parietal bone, it can be inferred that petitioners made an attempt to commit murder - Merely because opinion is obtained from private doctor, Court cannot become oblivious of fact that injured has suffered fracture - Even..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338, 427 -- Fatal accident - Discharge application - No evidence on record that vehicle in question was being driven on the date and time of alleged accident by accused - Even there is no other corroborative evidence on record against accused except extra judicial confessional statement of accused before I.O and except to..........
Indian Penal Code, 1860, Section 377 -- Unnatural consensual sexual relationship - Gay relationship - Wife filed complaint against her husband who is gay and kept sexual relationship with petitioner - Both husband and his male friend/petitioner having an extra marital consensual sexual relationship - Though it may be a ground for divorce on the ground of cruelty to..........
