Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Single Judge while quashing proceedings u/s 420 IPC gave no reasons as to why material collected by investigating agency which has been placed before Single Judge was not sufficient to constitute an offence punishable u/s 420 IPC - Single Judge thus, acted in a..........
Indian Penal Code, 1860, Section 307, 323, 324, 149 -- Attempt to murder - Reduction of sentence - Incident occurred in the year 1996 - Appellants have undergone a considerable period of incarceration out of total sentence of 7 years R.I. and have also suffered mental agony and trauma of protracted trial - Sentence reduced to period already undergone by appellants -..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Mere high speed does not amount to any negligence on part of accused...........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Informant did not support prosecution case - Testimony of other PWs also does not establish prosecution case - Accused cannot be held liable based on high speed alone without any further evidence that accused was in breach of his duty to take care which he had failed to do so - Acquittal upheld...........
Indian Penal Code, 1860, Section 499 -- Exception 1 - Defamation - Merely because petitioners accurately reported the allegations in newspapers, would not bring them within exception 1 of S.499 IPC, unless it was established that imputation to complainant's character and conduct in accepting money for political gain was true and it was in public good to publish the same...........
Indian Penal Code, 1860, Section 500, 120B, Information Technology Act, 2000, Section 66, 67 -- Defamation - No material brought on record to even prima facie indicate that petitioners had reported or published imputation concerning complainant to harm his reputation or knowing or having reason to believe that it would cause harm to his reputation - Proceedings quashed...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused No.1 in the course of altercation picked up iron rod and hit deceased - One blow inflicted on head of deceased resulting in his death that too after five days - There is no pre-meditation and it was deceased and persons along with him who chased and confronted accused - There cannot be any..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 511, 343, 419, 506, 120B, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(2)(va) -- Anticipatory bail - Offence u/ss 307, 511, 343, 419, 506, 120B, 34 IPC and Ss.3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act - There is only one alleged..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Appellant was not named in FIR and his name came into light on the basis of statements of witnesses - There are discrepancies in the evidence of eye witnesses - Sim number on basis of which location and movement of appellant was alleged to have been established near crime scene, does not belong to appellant -..........
Indian Penal Code, 1860, Section 302, 397 -- Murder - Seizure of blood stained clothes of appellant which contained blood of same group as was found on clothes, sandal and watch of deceased would raise a grave suspicion against appellant - But said evidence by itself cannot establish that appellant is the person who committed murder of deceased - Credibility and..........
