Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - Deceased stated to have succumbed to injury on thigh leading to cut of femoral artery - Said injury is attributed to A-2 - Absence of common intention makes him individually answerable - Conviction of A-2 u/s 304(Part II) IPC calls for no interference...........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - Reduction of sentence - Occurrence took place on the spur of moment long ago in 1980 - Assault made by A-2 was not made on vital part of body - Assailant ran away upon being challenged - Genesis of assault lay in a dispute between neighbours with regard to stray cattle - Sentence..........
Indian Penal Code, 1860, Section 34 -- Common intention - Mere presence of accused by itself would not attract provision of S.34 IPC and he may also not be considered to share common intention u/s 34 IPC by assigning him role of exhortation unless proved otherwise...........
Indian Penal Code, 1860, Section 34 -- Common intention - For proving formation of common intention, direct evidence may not be available but still prosecution is under a bounden duty to prove that participants had shared common intention...........
Indian Penal Code, 1860, Section 324, 34 -- Offence u/ss 324, 34 IPC - Incised wound allegedly caused to victim by co-accused - Accused only participated in the incident by abusing victim - There is absolutely no reliable evidence on record to show that accused was even present on the spot or having common intention with co-accused - Accused acquitted...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix remained in the company of accused for about 12 days until she was recovered - Prosecutrix freely moved with accused in course of which movement, she came across many people at different points but she did not complain of any criminal act on part of accused - Prosecution not succeeded in..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Determination of age of prosecutrix - Age of prosecutrix not determined as per documents produced on record - Radiological age of prosecutrix determined between 17 to 18 years - Though it is correct that age determined on basis of a radiological examination may not be accurate determination and..........
Indian Penal Code, 1860, Section 302, 364, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Triple murder - Circumstantial evidence - FSL report, post mortem report and other documents along with statement of PW27 a conclusion is drawn that evidence led by prosecution and recovery of articles was in presence of independent..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Relatives of husband - Should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against maternal uncles of husband - Accused are not immediate family members of husband - Except bald statements nothing else indicating their involvement in the crime was mentioned - Prima facie case against accused has not been made out on..........
