Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - Age of prosecutrix found to be above 18 years - Prosecutrix had gone along with accused willfully and remained with him for weeks together with her consent - Prima facie case of bail is..........
Indian Penal Code, 1860, Section 302 -- Murder - Sudden fight - Only one single injury on head of deceased proved fatal and led to unfortunate death of deceased - It appears that injury was caused in sudden fight at spur of moment and accused did not take undue advantage - Held, offence committed is punishable u/s 304 Part-I and not u/s 302 of IPC - Appeal partly, allowed...........
Indian Penal Code, 1860, Section 420, 406, 120B, Negotiable Instruments Act, 1881, Section 138 -- Offence u/ss 420, 406, 120-B IPC - Quashing of FIR - FIR cannot be quashed merely on the ground that complaint u/s 138 of N.I Act is filed, particularly when police has found material to present challan against petitioner showing his involvement in conspiracy - Petition for..........
Indian Penal Code, 1860, Section 420, 406, 120B, Negotiable Instruments Act, 1881, Section 138 -- FIR u/ss 420, 406, 120-B IPC and complaint u/s 138 of N.I. Act - Where legally enforceable liability is incurred, despite being based on fraud, such liability remains legal and valid against person who had played fraud - In that situation, person would definitely be liable for..........
Indian Penal Code, 1860, Section 304(Part I) -- Culpable homicide not amounting to murder - Gunshot injury - Deceased suffered only one injury on interior aspect of thigh by A-1 - Entry wound was on back of left thigh of deceased - There is no blackening, charring on exit wound - If A-1 was having intention to commit murder of deceased and used fire arm for that purpose,..........
Indian Penal Code, 1860, Section 304(Part I) -- Culpable homicide not amounting to murder - PW1 is an eye witness of incident - However, PW1 has given a general and omnibus statement about assault upon deceased as well as to himself by accused, which is not even duly corroborated by medical evidence - Neither deceased nor PW1 had any injury caused by sharp edged weapon -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Naming witness - No requirement in law that other witnesses should name a particular witness...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9 -- Murder - Identification of accused - Witness saw all accused persons coming down from stair case and running - Enough time for witness to memorize faces of accused - More so, there was good day light at the time of incident - Hence, in the absence of cross- examination on issue as to capacity of witness..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9 -- Murder - Identification of accused - Admissibility - Fact that deceased named four persons who threatened him with serious consequences to his father-in-law and the same persons were identified by an independent witness - It is a strong piece of corroboration and hence, admissible as legal evidence...........
Indian Penal Code, 1860, Section 193, 302, Evidence Act, 1872, Section 154 -- Murder - Perjury - First informant turned hostile - Fact that `K' an eye-witness, at whose instance, names of assailants and knowledge of incident was received, deliberately gave false evidence before Court and has turned hostile - Order passed to bring him on trial - Directions issued...........
