Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Injury on PW6, husband of deceased proved that accused voluntarily caused hurt to PW6 - Offence u/s 323 IPC proved against accused - Accused rightly convicted...........
Indian Penal Code, 1860, Section 304(Part II), 323 -- Offence u/ss 304(Part II), 323 IPC - Accused is in custody since last 6 years - He is a young man of 28 years old and also a member of Scheduled Tribe community - Taking into account the facts of case, sentence of accused thus, reduced to period already undergone by him u/s 304(Part II) IPC and S.323 IPC but rest of..........
Indian Penal Code, 1860, Section 376, 452, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix consumed poison after incident of rape and remained hospitalized for 2 days - But there is no evidence on record that during such period prosecutrix made any complaint against accused with regard to incident - FIR lodged after 8 days of incident..........
Indian Penal Code, 1860, Section 302, 449, Arms Act, 1959, Section 3, 25(1B)(a) -- Pistol shot injury - Eye witness evidence of shot by a pistol - Ballistic report that shot was fired from rifle - Thus pistol shot injury doubtful - It was thus incumbent for prosecution to prove its case by examination of expert - Held, it would not be safe to convict accused on the basis..........
Indian Penal Code, 1860, Section 302, 449, Arms Act, 1959, Section 3, 25(1B)(a), Evidence Act, 1872, Section 3 -- Appeal against conviction - Offence u/ss 302, 449 IPC and Ss.3, 25(1-B)(a) Arms Act - Appreciation of evidence - As per evidence on record, there is apparent contradictions and inconsistencies in statement of eye witnesses on material points - Even, their..........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 457, 380 -- Concurrent running of sentence - Offence u/ss 457, 380 IPC - Substantive sentences awarded to accused in all the 5 complaints if calculated jointly comes to 19 years and 3 months and maximum sentence awarded to accused is 4 years S.I. along with fine - Even, accused has already served..........
Indian Penal Code, 1860, Section 448, 380, 457, 447, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 448, 380, 457, 406, 120-B IPC - Quashing of FIR - Compromise entered into between parties - Magistrate recorded statements of parties and reported that compromise between parties is not the result of any pressure or coercion in any manner and is..........
Indian Penal Code, 1860, Section 409 -- Misappropriation of amount - Gist of offence of criminal misappropriation is dishonest intention - Mere retention of property is not enough - Misappropriation of money or property can be temporary and it can be permanent...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), Indian Penal Code, 1860, Section 409 -- Misappropriation of Government money - Evidence of PW3 and PW6 shows that money was entrusted with accused by PW3 - Accused not disputed the receipts of such amount from PW3 - Though there was delay in making entry of said receipt of amount from PW3 which is about 1 month..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Sudden Fight between parties, which is not premeditated - Accused not taken undue advantage of his carrying a ballam in sense of inflicting any other serious injury except a contusion to PW1 - Intention on the part of accused to cause death of deceased is missing - Accused must be attributed with..........
