Indian Penal Code, 1860, Section 302 -- Murder - Death caused by beating - Appreciation of evidence - Fight between husband and wife - Statement recorded including confession of accused shows that husband assaulted deceased with a stick after heated altercations between them at spur of moment - No intention to cause death of deceased as fight was not premeditated and act..........
Indian Penal Code, 1860, Section 302, 324, 323, 341, 148, 149 -- Murder - Accused not named in FIR registered at the instance of PW1 - It was only in subsequent statement u/s 161 Cr.P.C that PW1 improved upon his earlier statement and named two more persons including accused - But PW1 failed to provide any plausible reason as to why these two persons including accused were..........
Indian Penal Code, 1860, Section 302, 376, 201, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8, Evidence Act, 1872, Section 3 -- Murder and rape of 3 years child - Appreciation of evidence - It is evident that just before the recovery of dead body of the victim, accused was lastly seen with the deceased and said fact has been corroborated by number..........
Indian Penal Code, 1860, Section 302, 376, 201, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8, Criminal Procedure Code, 1973, Section 366 -- Death sentence - Reduction of sentence - Murder and rape of 3 years child - Though there are aggravating circumstances, but early age of accused is also required to be noticed - Even, accused is the first..........
Prevention of Corruption Act, 1988, Section 13(1)(C), 13(2), 67, Indian Penal Code, 1860, Section 409, 477A -- Misappropriation of public money - Confessional statement of accused - Though confession was made before PW3 and PW2 by accused, but no question was put to PW3 and PW2 that extra judicial confession was an outcome of any threat, inducement or allurement -..........
Prevention of Corruption Act, 1988, Section 13(1)(C), 13(2), Indian Penal Code, 1860, Section 409, 477A -- Misappropriation of public money - Reduction of sentence - Occurrence was of the year 1992-94 - Considering passage of time and facts and circumstance of case, sentence of imprisonment imposed on accused reduced to three years u/s 409 IPC - However, conviction u/ss..........
Indian Penal Code, 1860, Section 354, 376, Criminal Procedure Code, 1973, Section 439 -- Bail - Outraging modesty of women - Rape - FSL report showed no semen or male DNA in sample taken - Nothing amiss found in investigation - Whether the offence relates to one punishable u/s 376 or 354, IPC will be determined on prosecutrix being examined before trial Court who is sole..........
Criminal Procedure Code, 1973, Section 386, Indian Penal Code, 1860, Section 53, 30 -- Sentence - Sentence in default of payment of fine is not a sentence as contemplated u/s 386(b)(iii) Cr.P.C - Appellate Court is entitled to enhance fine and sentence in default of payment of fine and S.386 Proviso Cr.P.C not attracted...........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113 -- Dowry death - Conviction - Appreciation of evidence - It is established on record that deceased and her sister were harassed for not bringing motor cycles in dowry - Statement of accused before Panchayat that harassment will continue, if demand is not fulfilled is against accused - Fact that..........
Indian Penal Code, 1860, Section 366A, 34 -- Kidnapping - Age of victim - Any minor girl below 18 years of age comes under definition of S.366-A IPC, and Majority Act also provides age of majority 18 years - So far as question of reaching puberty under Muslim personal Law is concerned, that is for the purpose of marriage only - Victim held, minor on the date of occurrence,..........
