Indian Penal Code, 1860, Section 302, 304B -- Nature of offence - Evidence of two sets of witnesses is on record - One supported the fact that accused gave poisonous tablet to deceased as a result she died and other set of witnesses not supported the said allegation - However, there is ample evidence on record that deceased was subjected to cruelty soon before death in..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Age of prosecutrix was 18 years at the time of incident - Prosecutrix denied her medico legal examination at the first instance and after a lapse of 3 months accorded consent for the same - It caused prejudice to the prosecution case - Testimony of victim is most unnatural, improbable and not..........
Indian Penal Code, 1860, Section 494, 493, 495, 496, 420, 506, 376, Information Technology Act, 2000, Section 67A -- Quashing of supplementary charge sheet filed u/s 376 IPC - Wife came to know about factum of earlier marriage of husband/accused in the year 2014 though parties were married in the year 2009 - Complaint lodged after one year of knowledge of previous marriage..........
Indian Penal Code, 1860, Section 325 -- Offence u/s 325 IPC - Quantum of sentence - Once accused is held guilty of commission of offence u/s 325 IPC, then imposition of jail sentence and fine on accused is mandatory - Thus, High Court was not right in setting aside entire jail sentence of accused, while upholding his conviction u/s 325 IPC and substitute it by imposing..........
Indian Penal Code, 1860, Section 325 -- Offence u/s 325 IPC - Quantum of sentence - Period already undergone (40 days) by accused while he was in detention, as under-trial and as convict, can be treated as jail sentence, once awarded to accused u/s 325 IPC - Taking into account time consumed in litigation i.e 37 years coupled with findings of two Courts that accused did..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Inherent contradictions have emerged in prosecution case with regard to role of accused `R' - Though accused `R' was armed with stick but specific injury not attributed to `R' in the Court - Case of accused `R' cannot be distinguished from case of acquitted accused, as injury on eye of deceased has not been attributed to..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused `C' in the heat of moment, without any premeditation caused injuries to deceased - There are only two injuries on the person of deceased - It cannot be ruled out that both injuries are result of a single blow, as both injuries are having a cut wound and it is accused `C' only who was armed..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Quantum of sentence - Incident occurred 28 years ago - Accused `C' already suffered pain and agony of protracted trial for a long period of 28 years - Sentence of 4 years u/s 304(Part I) IPC, shall serve ends of justice...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860 -- Summoning of additional accused - Material contradictions in the statements of PWs regarding manner in which incident took place - Ex-facie after testing evidence and material available on record is not such which can convince the Court regarding existence of evidence stronger than that required to..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, 201, 34 -- Compliant u/ss 420, 467, 468, 471, 120-B, 201, 34 IPC - Warrant case - Death of complainant - There is no provision in Chapter XIX, `Trial of warrant cases by Magistrate' that in event of death of complainant, complaint is to be rejected - Thus, legal heirs of complainant rightly permitted to come on..........
