Indian Penal Code, 1860, Section 409 -- Offence u/s 409 IPC - Order taking cognizance of offence - Quashing of order - Petitioner exonerated from departmental inquiry on the very same charges - Magistrate failed to appreciate in correct prospective, the sound and substantial reasons given by police in negative final report and proceeded to take cognizance against..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354D, Protection of Children from Sexual Offences Act, 2012, Section 12 -- Anticipatory bail - FIR was registered u/ss 354-A, 34 of IPC in which petitioners were granted bail - Later S.354-D of IPC and S.12 of POSCO were added - Petitioners whether falsely implicated, is a fact which would be..........
Indian Penal Code, 1860, Section 447, 323, 148 -- Order taking cognizance - Legality of - Evidence on record established that while taking cognizance trial Court neither adverted to negative report of police nor to statements of complainant and his witnesses recorded u/s 161 Cr.P.C. which categorically stated that accused were in cultivatory possession of field in question..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Causing multiple injuries without any provocation - Assault on head of deceased was so brutal that it resulted in fracture of underlying skull bone - Accused brutally assaulted deceased - It cannot be said that offence committed is `culpable homicide not amounting to murder' - It is a case of brutal murder...........
Indian Penal Code, 1860, Section 325, 34 -- Offence u/ss 325, 34 IPC - Incident occurred in 1988 - One injured expired - Injured were duly compensated with amount of fine of Rs.50,000/- - Quantum of fine awarded in 1988 or so appears to be just and reasonable - View of High Court that accused have already undergone some reasonable length of jail sentence which is..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 113A -- Abetment of suicide - Cruelty - Presumption - Allegation against husband and mother-i, law of deceased - Deceased committed suicide by consuming poison within 6 months of her marriage - Categorical findings of two Courts below that husband and mother-i, law of deceased demanded dowry from..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Reduction of sentence - Accused mother-i, law of deceased is now around 75 years of age and is not keeping well - She already undergone total jail sentence of 9 months - As regarding husband of deceased, he also undergone sentence of around 1 year and 1 month approximately and remarried with a..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Sustained unjustifiable conduct and behaviour of wife towards husband and his family members has rendered his life miserable - Soon after marriage within a span of three to four months wife addressed complaint to police making allegations of illegal demands or dowry - Even various..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 498A, 312 -- Delay of 34 days in lodging FIR - Cruelty - Miscarriage - No injury found on the body of deceased - No satisfactorily explanation given by prosecution for inordinate delay, particularly when police were already on the spot by the time both PW4 and PW5 had reached hospital and when PW5..........
Indian Penal Code, 1860, Section 498A, 312 -- Cruelty - Miscarriage - No satisfactory evidence produced by prosecution to prove that deceased was ever subjected to cruelty by accused - Not even a single witness from locality was produced by prosecution to show that deceased was tortured by accused at any time - Evidence of PWs shows that there is no evidence of any injury..........
