Indian Penal Code, 1860, Section 498A -- Criminal Procedure Code (Amendment) Act, 2008 - Issue a writ of mandamus - For a uniform policy of registration of FIR, arrest and bail in cases of S.498-A IPC - Constitutional Bench suggested that preliminary enquiry may be held in matrimonial/family disputes - Offence u/s 498-A IPC being cognizable and no, bailable offence,..........
Indian Penal Code, 1860, Section 302, 148, 34 -- Murder - Plea of false implication - Evidence of eye witnesses clearly proves their presence on the spot and they have witnessed the incident and have given true account - PW10, stated that all accused were sitting together and the fact that PW11 has seen only three persons does not indicate that only three persons were..........
Indian Penal Code, 1860, Section 302, 148, 34 -- Murder - Wife of deceased/PW8 stated that deceased had his meal before starting from residence - However, no food stuff found in stomach of deceased which creates a strong suspicion about evidence of PW8 as per accused - Status regarding food in stomach of deceased becomes relevant when there is a issue regarding time of..........
Indian Penal Code, 1860, Section 307, 149, 147, 148, 323, 324, 326 -- Attempt to murder - Prompt FIR of incident lodged by informant, who himself sustained as many as 18 injuries including lacerated wounds - However, no injury of any of three injured persons is alleged to be on chest or head, vital parts of body - Conviction of accused u/ss 307, 149 IPC held, set aside -..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Abetment of suicide - Material collected by I.O on the basis of which charge sheet has been submitted and on perusal of FIR, prima facie case is made out against accused at this stage and there appears to be sufficient ground for proceeding against accused -..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - No prior enmity between parties - Both were neighbours - Weapon used is lathi and same was not for hitting deceased but seems to have hit deceased while following his wife with the same - No motive is forthcoming - Admittedly, it was dark and there was no provision of light - Moreover, deceased..........
Indian Penal Code, 1860, Section 376D, 323 -- Rape - Prosecution improved its case after lodging FIR as per statement of prosecutrix, medical report and statement of father and maternal uncle of prosecutrix - Complaint lodged after 2 days of alleged incident by prosecutrix herself mentioning all details of accused and her statement recorded after 13 days - Statement of..........
Indian Penal Code, 1860, Section 304B, 34 -- Dowry death - Deceased died in her matrimonial home within 3 months of her marriage by committing suicide - It was second marriage of deceased and earlier she was divorced - No doubt period between marriage and date of death is less but it has nothing to do with harassment relating to dowry - Father of deceased stated that no..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Accused acquitted in a complaint filed u/s 138 of the Act with a categoric finding that accused was not under any legally enforceable debt or liability - Therefore, there was no mens rea on the part of accused to cheat or that he had any dishonest intention qua the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 368, 342, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii) -- Bail - Rape of married woman - Prosecutrix is aged about 30 years and a married woman - She travelled with accused and stayed with him for about one month - FIR lodged on an application..........
