Indian Penal Code, 1860, Section 323, 324, 147, 148, 149 -- Offence u/ss 323, 324, 147, 148, 149 IPC - Marpeet by both sides admitted - Both parties sustained injuries - Place of occurrence indicates that it was complainant's side who had gone to the place of occurrence - Preponderance of probabilities is that complainants' side was aggressor and injuries inflicted by..........
Indian Penal Code, 1860, Section 302, 323 -- Murder - Deceased died due to head injury - Testimony of PW4 regarding incident is clear and consistent - PW4 is a natural witness and not inducted one and therefore her testimony cannot be discarded on the ground of minor contradictions - There is no ambiguity with regard to weapon by which injuries were caused to PW4 and..........
Indian Penal Code, 1860, Section 341, 323, 307, Arms Act, 1959, Section 5, 27, 30 -- Fire arm injury - No report of expert that gun was in working condition and had been actually used at the time of occurrence - Acquittal calls for no interference...........
Indian Penal Code, 1860, Section 498A, 323, 313, 504, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Appeal against acquittal - No evidence on record against accused to hold them guilty - Victim categorically admitted that she is living with her husband happily in a cordial atmosphere and she has no grievance at all against her i, laws - Court failed..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 406, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of summoning order - Cruelty - Demand of dowry - Magistrate found a prima facie case against accused after inquiry and as such accused were summoned - At this stage there is no occasion to look into the question,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 324, 427, 435, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1) -- Quashing of summoning order - Offence u/ss 323, 324, 427, 435 IPC and S.3(1) of SC/ST Act - Cognizance of offence cannot be taken on the basis of affidavits of complainant and witnesses,..........
Indian Penal Code, 1860, Section 394, 323, 341 -- Robbery - Identification of accused - Not held in Court - Even no steps were taken by prosecution to prove the fact of identification of accused and co-accused by complainant in test identification parade - Magistrate who held the parade was also not produced as witness during trial - It cannot be held that accused was one..........
Indian Penal Code, 1860, Section 394, 323, 341 -- Robbery - Recovery of purse - No evidence collected during investigation to show that it is the same purse which was allegedly snatched from complainant in the incident - Moreover, recovered purse neither produced before Court nor it was got identified by complainant during trial - No material on record showing involvement..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 323, 427, 504, 506 -- Offence u/s 3(1)(x) of SC/ST Act and Ss.323, 427, 504, 506 IPC - Quashing of proceedings - Neither there is any averment in FIR that applicants ever called opposite party no.2 by his caste name, nor any averment about..........
Indian Penal Code, 1860, Section 308, 323, 325 -- Nature of offence - Five accused attacked two ladies - Although all accused are attributed injuries on person of injured but grievous injuries are on legs of injured - Both injured have suffered one grievous injury and rest of injuries are simple in nature - Looking into injuries caused to both the injured, it cannot be..........
