Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 506(i) -- Discharge - Offence u/s 506(i) IPC - Merely on ground of discrepancy in timing of incident, accused cannot be discharge, particularly, when there is sufficient material on record to frame charge for offence u/s 506(i) IPC and investigating report prima facie disclose complainant was..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by wife - Wife proved on record that she has been treated with cruelty by act of husband who used verbal abuses and insults by using filthy language which constantly disturbed her mental peace - She even proceed to the extent of filing criminal case against husband u/s 498-A IPC - No cross..........
Indian Penal Code, 1860, Section 354, 354A(1)(i), Protection of Children from Sexual Offences Act, 2012, Section 4, 8, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Sexual assault of 6 years old girl child - Accused found guilty of offence of penetrative sexual assault on minor female child of 6 years of age - Even, mental..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B -- Two dying declarations - Dowry death - Allegation against family members of accused - Nothing stated as to demand of dowry in first dying declaration and admitted that she consumed poison in fit of anger after hearing verbal conversation of accused and her mother-in-law - However, allegations of..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Reduction of sentence - Accused performed marriage with deceased under pressure of his parents and never accepted deceased his wife - Deceased fed up with conduct of accused and committed suicide, merely because her husband/accused was in relationship with another woman - Accused has not..........
Indian Penal Code, 1860, Section 306 -- Offence u/s 306 IPC - Maximum sentence - Ten years is maximum sentence prescribed u/s 306 IPC - There must be aggravating circumstances to record maximum sentence...........
Indian Penal Code, 1860, Section 302, 365, 452, 34 -- Murder - Custodial death - Nature of offence - Conviction u/ss 302, 365, 452, 34 IPC - Manner of inflicting injuries and their description in post-mortem report does not contradict each other - Even, medical record establish link between head injury and ultimate death of deceased - Moreover, PW-34 has identified the..........
Indian Penal Code, 1860, Section 302, 365, 452, 34 -- Common intention - Murder - Custodial death - In the instant case, one of the accused was keeping watch outside to ensure that nobody came to rescue deceased - When one person is left outside for keeping watch, he is not doing that without any intention to participate in the activity undertaken by all of them -..........
Indian Penal Code, 1860, Section 149 -- Common object - Once the Court finds that ingredients of S.149 IPC are fulfilled, every person who at time of committing that offence was member of assembly has to held guilty of that offence...........
Indian Penal Code, 1860, Section 141, 149 -- Common object - Essential ingredients of S.141 must be established, before recording conviction u/s 149 IPC...........
