Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - Offence u/ss 457, 376, 511, 354, 354-A IPC - It is apparent that trial Court has not at all examined material available on record including site-plan and variance in allegations of FIR, police statements of prosecutrix and her statements recorded u/s 164 Cr.P.C. while framing charges - Order framing..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Rejection of divorce petition and acquittal of accused/husband in criminal case have no significant bearing on fate of application for maintenance, as legal obligation of husband to maintain his wife has no correlation with his exoneration in proceedings u/ss 498-A and 406 IPC...........
Indian Penal Code, 1860, Section 498A, 406, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC and S.4 Dowry Prohibition Act - Complainant herself stated in her statement that she implicated appellants herein out of anger and they had no role in the family dispute and they were not party in making any demand of..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 468 -- Misconduct - Pecuniary advantage - Abusing official position - Accused cheated complainant and his brother by dishonestly inducting them to pay money for handing over possession of shop - Possession of shop was with accused due to his official position in Revenue..........
Indian Penal Code, 1860, Section 304A -- Fatal accident - Rash and negligent driving - Inspection of offending vehicle after about 5 years from the date of occurrence, is fatal to prosecution case, particularly when it is very much available and it was also used to take kid to hospital...........
Indian Penal Code, 1860, Section 304A -- Fatal accident - Rash and negligent driving - PW1 and PW2 carelessly and negligently left deceased/minor boy of 10 years in roadside and they have crossed the road earlier - Accident occurred while deceased crossed the road - Subject vehicle was subjected to inspection after about 5 years from the date of occurrence - Eye witnesses..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Single shot injury - FIR lodged without delay - Source of light on spot proved on record - Accused attempted assault and is directly involved in commission of offence - Co-accused though present and stated to be armed with weapons on spot, but no assault attributed to co-accused - No evidence on record that co-accused..........
Indian Penal Code, 1860, Section 307, 326, 506 -- Attempt to murder - Evidence of victim and eye witnesses shows that grievous injuries on victim were caused by accused - Exhortation of accused at the time of assault and his intention to hit the victim on head transpiring from evidence of victim and other witnesses also leaves no doubt that intention of accused was to..........
Indian Penal Code, 1860, Section 307, 326, 506 -- Attempt to murder - Quantum of sentence - Accused sentenced to suffer life imprisonment which is maximum sentence which may be awarded to said crime - No doubt criminal case for murder of father of victim is recorded against accused, but he was acquitted from the same - In view of proportionality of crime of indeterminate..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 298, 323, 324, 341, 307, 302, 34 -- Bail - Offence u/ss 298, 323, 324, 341, 307, 302, 34 IPC - Incident occurred over issue of seats sharing etc. in train and there is neither any evidence of any preplanning to cause incident deliberately or intentionally to cause communal disharmony - There is..........
