Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty upon wife - Business partner of husband - Does not come within purview of S.498-A IPC - Proceedings against applicant quashed...........
Indian Penal Code, 1860, Section 308, 323, 325, 342, 365, 147, 148, 149 -- Charges in alternative - No sufficient evidence available on record to frame charge u/s 308 IPC - Charges u/ss 308, 149 IPC set aside - However, other charges are maintained...........
Indian Penal Code, 1860, Section 323, 307, 325, 147, 148, 149, 506 -- Offence u/ss 323, 307, 325, 147, 148, 149, 506 IPC - Injured sustained 10 injuries in the incident - However, all the injuries are simple in nature - Both the eye witnesses not reliable as both were highly interested and partisan witnesses and against whom criminal case already registered -..........
Indian Penal Code, 1860, Section 341, 325, 323, 427 -- Accused gave beatings to injured, due to which his one tooth was broken and other teeth got damaged - Medical evidence supported by ocular evidence - FIR was lodged immediately after incident - Testimonies of all PWs consistent - Plea of accused that injured sustained injuries due to accident is defeated on concept of..........
Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Murder - Conviction - Sudden altercation between two parties - Accused `B' and `S' reached place of occurrence with deadly weapons - No evidence on record to prove that there was any other accused armed with deadly weapons - Mere recovery of lathis at instance of other accused, does not prove that they had common..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 323, 325, 341, 34 -- Additional accused - Summoning by way of warrant of arrest - Additional accused summoned after considering evidence produced by prosecution during trial and role attributed to the petitioner in the incident - A person accused of an offence of a heinous nature can be..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, 452, 323, 506 -- Murder - Property dispute - Deceased died due to head injury when she rescued her son PW1 from accused who allegedly assaulted PW1 with stones, danda and fist blows - PW1 himself admitted that accused were unarmed - Relations between accused and PW1 were inimical - Incident occurred when complainant..........
Indian Penal Code, 1860, Section 304(Part II), 323 -- Culpable homicide - Complicity of appellant in the crime - Merely because blood stains were not found on the spot by itself is no ground to hold that accused was not involved in the incident and that no such incident took place - In the light of overwhelming evidence of as many as three eyewitnesses, it is proved beyond..........
Indian Penal Code, 1860, Section 323 -- Voluntarily causing hurt - There is no mandate of law that in the absence of medical evidence there cannot be any conviction u/s 323 IPC...........
Indian Penal Code, 1860, Section 323 -- Voluntarily causing hurt - Accused after trespassing the kitchen of hotel hit PW2 with a jug and before he picked up a jug filled with water threw the same on the face of one person and also slapped him and also gave beatings to another person - PWs duly corroborated the same - Offence u/s 323 IPC rightly made out against accused -..........