Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 323, 325 -- Probation - Offence u/ss 323, 325 IPC - Respondent has maintained good conduct and does not have criminal antecedents - Opportunities of reformation must be granted and such discretion is to be exercised by evaluating all attending circumstances of each case by noticing nature of..........
Indian Penal Code, 1860, Section 394, 397, 460 -- Offence u/ss 394, 397, 460 IPC - Mere fact that there is dispute regarding direction of injury, same cannot prove fatal to prosecution case, particularly when there is no dispute as to how and in what manner the injury was caused...........
Indian Penal Code, 1860, Section 394, 397, 460 -- Offence u/ss 394, 397, 460 IPC - Testimony of eye witnesses - Occurrence took place in night and PW1 and PW3, real brother and father respectively, being immediate family members are natural eyewitnesses of occurrence - PW2 who is a neighbour and has reached the spot with torch upon hearing noise of hue and cry raised by..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Deceased died unnatural death prior to 7 years of marriage - However, prosecution failed to prove the fact that deceased was subjected to cruelty for demand of dowry - Trial Court committed error in convicting the appellants on the basis of dying declarations of deceased - Appellants acquitted...........
Indian Penal Code, 1860, Section 380, 457 -- Offence u/ss 380, 457 IPC - Reduction of sentence - Incident occurred in the year 1995 and suffered agony and trauma of protracted trial - Sentence reduced to period already undergone by petitioners...........
Indian Penal Code, 1860, Section 304(Part I), 304A -- Nature of offence - Appellant being qualified medical practitioner instructed staff nurse to administer an injection over telephone which injection when administered to patient, apparently reacted resulting into his death - Registration of FIR u/s 304(Part I) IPC and subsequent submission of police report u/s 173(2)..........
Indian Penal Code, 1860, Section 363, 366, 366A, 376 -- (before amendment), Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, S.3(2)(5) - Abduction and rape - Prosecution has not been able to prove age of victim as 15 years, rather, it has been established from medical evidence as well as statement of mother of victim that she being more than 16..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Settlement - Quashing of proceedings - Nature of weapon and nature of injury shows that overt act attributed to appellants does not bring the case within four corners of S.307 IPC - At the highest, offence alleged could be one u/s 326 IPC - Moreover, parties have..........
Indian Penal Code, 1860, Section 420, 406, 465, 467, 468, 471, 474, 166, 167, 193, 196, 199, 201, 203, 255, 260, 261, 262, 120B -- Cheating - Allegation that appellant in connivance with A-1/power of attorney holder filed tenancy case by showing power of attorney as genuine and impersonated one dead person as landlord - However, signatures on tenancy case and below the..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(n), 323, 506 -- Second bail application - Rape - First bail application was dismissed as withdrawn - Second bail application filed approximately 4-1/2 months without any fresh substantial change in circumstances - Allegations made against petitioner are serious in nature and he..........
