Indian Penal Code, 1860, Section 323, 342, 394 -- Offence u/ss 323, 342, 394 IPC - Applicants have abused and assaulted complainant and his companions merely because his car got rubbed with vehicle in which applicants were travelling - Version of complainant is supported by medical examination reports of injured persons - Applicants also damaged mobile phone of complainant..........
Indian Penal Code, 1860, Section 308, 506 -- Offence u/ss 308, 506 IPC - Victim suffered 14 injuries few of which are even life threatening - Presence of witnesses on the alleged spot of incident is proved on record - So far as non-recovery of weapon of assault is concerned, benefit of such lacuna in investigation cannot be given to appellant, as ocular evidence on record..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Victim had consumed liquor along with co-accused on the night of incident - Complainant had named petitioner as one of assailant - However, keeping in view nature of evidence in the form of testimonies of complainant and PW2 coupled with the fact that petitioner is in..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 29, Indian Penal Code, 1860, Section 279, 336, 427 -- Bail - Contraband - Contraband recovered from abandoned car which was found to be registered in the name of petitioner - Plea of petitioner is that he had already sold the said vehicle to one `H'..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Neither any PW alleges cruelty or harassment meted out by appellant in connection to dowry nor prosecution has proved the same - Statements given by PW1, PW2 & PW3 are bald statements which do not indicate any form of cruelty meted out to deceased by appellant - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Prosecution has failed to prove any sort of cruelty by appellant to meet any unlawful demand as given in S.498-A IPC - Neither evidence of prosecution witnesses in the course of trial indicate any sort of cruelty - Prosecution failed to prove its case beyond reasonable doubt against appellant - Conviction and sentence set..........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere breach of promise to repay per se does not infer dishonest intention...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Failure to pay due to unfortunate business losses cannot be clothed with culpability and process of criminal law utilized to recover outstanding dues - Proceedings quashed...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Family members of deceased alleged that accused demanded dowry from deceased and upon same being not fulfilled subjected her to cruelty - However, I.O. stated that during cross-examination, they did not mentioned such dowry demand and cruelty - Neighbours of accused has stated that relationship..........
Indian Penal Code, 1860, Section 302, 323, 324, 34 -- Murder - Ocular witnesses injured in the same transaction, spoke of a blow on head of deceased their grandfather - Mere fact that PW2 and PW3 did not speak of a reverse hit by an axe in S.161 Cr.P.C statement cannot lead to their testimony of overt act being disbelieved - Embellishment even if ignored, overt act stands..........
