Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 304(Part I), 325, 201, 34 -- Suspension of sentence during pendency of appeal - Offence u/ss 304(Part I), 325, 201, 34 IPC - Accused are in judicial custody for more than 5 years - Substantive sentence as awarded to accused is thus, suspended during pendency of appeal - Application allowed...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 120B, 109, 153A, 201, 34, Arms Act, 1959, Section 27, Unlawful Activities (Prevention) Act, 1967, Section 15, 16, 17, 18, 20 -- Discharge - Murder - Criminal conspiracy - Accused is President of Popular Front of India (PFI) and other accused are members of PFI - Charge sheet reveals that..........
Indian Penal Code, 1860, Section 176, 34 -- Non-reporting of offence of rape to public servant - Offence of rape which is alleged to have been committed in the case, has not been incorporated in S.39 Cr.P.C - Ingredients of offence u/s 176 IPC thus, not attracted - Moreover, no material on record that petitioner intentionally omitted to give such information either to..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Harassment or assault simplicitor cannot amount to abetment - To constitute abetment within meaning of S.107 r/w S.306 IPC, it must be demonstrated that accused had instigated, provoked, incited, suggested or goaded deceased to commit suicide and that such result was intended by accused...........
Indian Penal Code, 1860, Section 306, 34, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Deceased committed suicide by consuming some poisonous substance - He borrowed Rs.28 lacs from co-accused and same was repaid by him by selling his agricultural land, but despite that he was subjected to ill-treated by applicant and other..........
Indian Penal Code, 1860, Section 376, 328, 120B, 34 -- Rape - Allegation that husband of prosecutrix used to give her sedatives and permit accused to make physical relationship with her - Incident occurred when prosecutrix discovered accused lying beside her after she regained consciousness - However, no explanation given by prosecutrix as to why complaint was lodged after..........
Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Bullets recovered from body of deceased not sent for ballistic examination and comparison and no explanation is forthcoming why these bullets were not sent for ballistic examination - However, prosecution relies on finding in FSL report that hole on shirt..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Three days delay in recording statement of PW1 & PW4 u/s 161 Cr.P.C. - Such delay is substantial and assumes some importance as it has been alleged that FIR has been back dated and was never sent to Magistrate as required u/s 157 Cr.P.C. - Testimonies of PW1 & PW4 have to be held as wholly unreliable - Accused..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Allegation that A-2 to A-4 poured kerosene oil on victim, as a result of which her saree was burnt - After getting information about incident, PW1 and brother of victim reached matrimonial home of victim and took her to police station to lodged FIR and thereafter victim was referred to Hospital - However,..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 186, 353, 307, 482, 34, Arms Act, 1959, Section 27 -- Framing of charge - Offence u/ss 186, 353, 307, 482, 34 IPC and S.27 Arms Act - As prosecution has failed to record statement of any police official that after surrender and arrest of petitioner in Court, he was identified by them as the person..........
