Indian Penal Code, 1860, Section 80, 304A -- Accused picking gun, unlocked it and put the cartridges and fired from close range - Neither section 80 nor Section 304-A attracted - Accused convicted u/s 304 Part II...........
Indian Penal Code, 1860, Section 299, 300 -- Culpable Homicide and Murder - Scope and Ambit - Culpable Homicide is genus and murder is specie - All murder is culpable Homicide but not vice versa - There are three degree of Culpable Homicide - First gravest form defined as murder in section 300 - Second degree is punishable under first part of section 304 - Third is..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Presumption as to Abetment - Unlike Section 113-B a statutory presumption does not arise by operation of law merely on proof of the circumstances enumerated in Section 113-A - Prosecution has first to establish suicide within a period of seven years of marriage and that accused had subjected her to..........
Criminal Procedure Code, 1973, Section 193, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Protection of Civil Rights Act, 1955, Section 7(1)(d) - Jurisdiction of Special Court - Power of special court to take direct cognizance of offence under 1989 Act - Court of sessions designated as special court - Special Judge has no power to..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Court should use power u/s 319 Cr.P.C. sparingly and primarily to advance the cause of criminal justice but not as a handle at the hands of the complainant to cause harassment to the person who is not involved in the commission of the crime - The basic requirement for invoking this Section is..........
Indian Penal Code, 1860, Section 420 -- Cheating - Ingredients - Dishonest inducement to deliver property or to make, alter or destroy any valuable security or anything which is sealed or signed or is capable of being converted into a valuable security - Mens rea of the accused at the time of making inducement - Making of a false representation is one of the ingredients..........
Criminal Procedure Code, 1973, Section 313 -- Statement under section 313 is not evidence - It is only stand or version of accused by way of explanation when incriminating materials appearing against him are bought to his notice - No suggestion to P.W. regarding non delivery of shares - Statement u/s 313 about non delivery is of no consequence...........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Quashing of - While exercising jurisdiction under section 482 Cr.P.C. it is not permissible for the court to act as if it was a trial Judge - Even at the stage of framing of charge, the court has to only prima facie to be satisfied about the existence of sufficient ground for proceedings against the..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Injury found not enough to cause death - Result of the injury not to be considered holding the commission of offence under section 307 IPC - It is sufficient if the injury is caused with an intention of causing murder...........
Indian Penal Code, 1860, Section 34 -- Common intention - To bring home charge of common intention prosecution has to establish by evidence, whether direct or circumstantial, that there was plan or meeting of mind of all the accused persons to commit the offence for which they are charged with the aid of Section 34, be it pre-arranged or on the spur of moment; but it must..........
