Indian Penal Code, 1860, Section 201 -- Causing disappearance of evidence - Charge u/s 201 IPC can be independently laid and conviction maintained, in case prosecution is able to establish that an offence had been committed, the person charged with the offence had the knowledge or the reason to believe that the offence had been committed, the said person has caused..........
Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - Deceased committed suicide by hanging - Last rites of deceased performed in presence of her family members - High Court is not justified in maintaining conviction of accused u/s 201 IPC only on ground that no communication was given to police and that post-mortem had not been performed, particularly, when family..........
Criminal Procedure Code, 1973, Section 179 -- Territorial jurisdiction - Offence u/ss 499, 500 IPC - Defamatory statement against complainant, eminent sports personality in press meet that all his achievements were purchased by paying money - Newspaper report against complainant read all over State of Assam - Even, newspaper which published the news having circulation at..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 499, 500 IPC - Defamatory statement against complainant, eminent sports personality in press meet that all his achievements were purchased by paying money - Newspaper report against complainant may result in defamation of complainant before readers - However, newspaper report does not name..........
Indian Penal Code, 1860, Section 302, 394 -- Murder and robbery - Investigation by CBI not conducted fairly - Real culprits responsible of murder of petitioner's family not subjected to trial - Investigating agency showed lackadaisical approach in carrying/proceeding investigation - It is necessary to have a fair, honest and complete investigation - It is proper to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Grant of bail merely on the ground that deceased belonged to another religion without discussing relevant factors relating to granting or withholding bail in a murder case - Order granting bail set aside - Matter remitted for decision afresh...........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Accused did not pay full sale consideration and managed to get sale deed executed and registered - Balance consideration was secured by cheques which were dishonoured and recourse to S.138 NI Act was resorted - It cannot be said that intention of accused was to cheat complainant right at the time of entering..........
Indian Penal Code, 1860, Section 420 -- Cheating - For invoking offence of fraud and cheating prosecution has to establish that intention of accused was to cheat complainant right at the time of inception of contract...........
Indian Penal Code, 1860, Section 34 -- Common intention - In order to bring a case in the ambit of S.34 IPC, prosecution has to prove actual participation of more than one person for commission of a criminal act done in furtherance of common intention as a prior concept. (Para 22) Indian Penal Code, 1860, Ss.307, 34 - Abetment of suicide - Common intention - There is no..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 456 -- Discharge - Lurking house trespass - Accused entered into room in possession of complainant through window - Police submitted charge sheet against accused - Merely because suit for partition filed by accused regarding disputed property is pending, it does not give him right to forcefully..........
