Criminal Procedure Code, 1973, Section 198, Indian Penal Code, 1860, Section 497, 498 -- Complaint lodged by uncle of victim - Competency - Adultery - Victim was deserted by her husband and thereafter she was living with her son in the house of her uncle and from there she was enticed away by accused - Uncle of victim cannot be considered is an aggrieved person as no..........
Indian Penal Code, 1860, Section 497, 498 -- Adultery - Victim was declared hostile by prosecution - She categorically stated that accused had not enticed her away or she was compelled to have illicit intercourse with any other person - Rather, victim married accused - Even accused admitted that fact that he married victim and out of wedlock two children were also born -..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Order framing charge - Merely because petitioner helped co-accused to purchase weapon, motorcycle and spectacles, would not in itself lead to inference that petitioner also participated in crime, particularly when petitioner had no knowledge as to for what purposes said weapon, motorcycle or spectacles had been..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Summoning of additional accused - Offence u/ss 323, 504, 506 IPC and S.3(1)(x) of SC/ST Act - Complainant suffered only one bone injury that too by co-accused - Role of beating by kicks..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - Discrepancies in three dying declarations - No evidence on record that accused poured kerosene oil upon deceased and put her on fire - Presence of accused at the place of occurrence not proved by PWs - PWs being neighbours supported defence version that an accidental..........
Indian Penal Code, 1860, Section 307, 147, 148, 323, 504, 149 -- Attempt to murder - Quantum of sentence - Punishment as ordered by High Court is too low - However, having regard to fact that accused already undergone some period in jail and taking note of fact that incident occurred in the year 2007 and since parties have purchased peace, no further sentence of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 392, 397, 34 -- Bail - Offence u/ss 392, 397, 34 of IPC - Petitioner arrested only on basis of statement of co-accused - Petitioner incarcerated since 30.8.2017 - Investigation is over and charge sheet has been filed - No purpose would be served in keeping petitioner incarcerated at this stage -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A, 34 -- Quashing of Look Out Circular (LOC) - Offence u/ss 406, 498-A, 34 IPC - Matrimonial dispute - Petitioners are sister-i, law and brother-i, law of complainant - Petitioner no.1 is a married lady having two children - Main allegations are against complainant's husband, father-i, law..........
Indian Penal Code, 1860, Section 302 -- Murder - Sole testimony of PW11 - Large number of accused attacked single person - Conviction of A-3 is based on sole testimony of PW11, which is inconsistent with other eye-witnesses - No recovery of any offending weapon at the instance of A-3 made - A-3 not guilty of offence of murder - A-3 acquitted...........
Indian Penal Code, 1860, Section 302 -- Murder - Specific evidence of recovery of a knife at the instance of A-4 is on record, which is capable of causing stab injuries mentioned in post-mortem report as one of causes of death of deceased - Guilt of A-4 established on record - A-4 rightly convicted...........
