Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred without any premeditation in a sudden fight between accused and deceased in heat of passion - Accused caused six injuries to deceased by attacking him with a knife in presence of their friends who had gathered for a drink party - Eye witnesses to incident corroborated prosecution..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) - Quantum of sentence - Trial Court awarded sentence of R.I for 5 years only u/s 304(Part II) IPC - No special reasons recorded by trial Court - Considering nature of offence and trivial reason for which accused was enraged and assaulted deceased and that too by a knife causing six injuries, does not..........
Indian Penal Code, 1860, Section 307, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Compromise during pendency of appeal filed against conviction u/ss 498-A, 307/34 IPC and 3/4 Dowry Prohibition Act - Proceedings can be quashed or even appeal against conviction can be allowed when in matrimonial disputes relating to dowry etc. offender and victim compromise -..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, 467, 471, 34 -- Quashing of FIR - Compromise between parties - Complainant stated that he has no objection if proceedings are quashed - Even, matter is settled by complainant out of his free will - Moreover, where proceedings are still at..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Wife committed suicide after hearing news regarding second marriage of her husband - Husband not liable for such act of wife, particularly when parties are living separately for the last 10 years - Such act would amount to an offence of bigamy but by no stretch of imagination it can be construed instigation to..........
Indian Penal Code, 1860, Section 302, 307, 326, 34, 147, 148 -- Murder - Testimony of injured witnesses - Accused allegedly 11 in number committed murder of deceased and injured two persons - Injured witnesses implicated each of accused in their evidence - Evidence of PW1 and PW2 specifies injuries caused by each of accused on deceased as well as themselves - Weapons used..........
Indian Penal Code, 1860, Section 394 -- Robbery - Allegation that accused committed robbery of silver chain of daughter of informant - However, no recovery reported and there is no whisper about any effort being made for tracing out looted ornament - Identity of real accused also disputed and their presence on the spot is doubtful - PWs are vacillating and giving..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Conviction - Testimony of sole eye witness - Reliability - Fact that sole eye witness being the son of deceased did not make any attempt to save his father and not even raised alarm for help, appears to be unnatural - Further, it is highly improbable that a son without making appropriate..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32(1) -- Murder - 100% burn injuries - Conviction solely based on oral dying declaration - No corroboration - No evidence to suggest that deceased was in a fit position to speak - Deceased sustained almost 100% burns and her blood pressure and pulse was not recordable - In these circumstances, it will not be..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(i), 13(1)(d)(ii), 13(2), Indian Penal Code, 1860, Section 120B -- Offence u/ss 13(1)(d)(i), 13(1)(d)(ii), 13(2) of P.C. Act and S.120-B IPC - Allegation that accused by entering into criminal conspiracy provided wrongful gains to two companies by issuing Notifications - Allegedly said Notifications were issued without..........
