Indian Penal Code, 1860, Section 307, 323 -- Attempt to murder - Accused assaulted his wife when she refused to sign consent letter for his second marriage - Seat of attack and weapon of offence used, expose intention of accused - Due to timely intervention of PW2 to PW4 who had taken her to her home and then got her admitted in the hospital, she had survived - Ingredient..........
Indian Penal Code, 1860, Section 307, 323 -- Attempt to murder - Sentence - Incident took place in the year 2006 and witnesses who are rustic villagers were examined nearly about 12 to 13 years after the occurrence - Taking into consideration the long lapse of time to dispose the case both at the trial stage as well as appellate stage, substantive sentences ordered to run..........
Criminal Procedure Code, 1973, Section 397 -- Acquittal - State filed appeal and accused was convicted and benefit of probation was granted - Complainant never challenged the order of acquittal - Revision petition by complainant for inadequate sentence is neither legal not proper - Revision petition dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution till disposal of second appeal - Eviction decree - There is no scope to pass any blanket stay order without any terms and conditions - Execution of eviction decree stayed till disposal of appeal subject to payment of occupational charges of Rs.10,000/- p.m by tenant...........
Criminal Procedure Code, 1973, Section 482 -- Non appearance of accused - Issuance of non bailable warrants - Petitioner was on her family way and gave birth to a child - Non appearance was wholly unintentional - Impugned orders set aside - Liberty is granted to petitioner to appear before trial Court within a period of 15 days...........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Accused convicted in nine cases - Conviction in all cases against accused was recorded within a span of one year and he has already undergone sentence for about 38 years - If sentences treated consecutively then, total period of incarceration would be 40 years sentence - Sentences awarded to..........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 306 -- Cognizance - Charge sheet not filed against petitioner - Petitioner summoned as an accused on the basis of statements of first informant, mother of deceased and another brother of deceased recorded u/s 161 Cr.P.C. wherein they stated that petitioner also harassed and assaulted the..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegations mentioned in present FIR are same as stated in first FIR which ended in acquittal - Present FIR was lodged after four months of acquittal from first FIR without making out any new case or new cause of action - Such implication by way of..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C can be invoked and exercised before pronouncement of order of sentence...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused summoned by trial Court after detailed discussion of evidences as well as statement of witnesses regarding involvement of accused in the offence - Much stronger case is available against accused - Accused rightly summoned...........
