Indian Penal Code, 1860, Section 302, 326, 324, 34, Arms Act, 1959, Section 25 -- Murder - Six empty as well as four live cartridges recovered - However, neither any empty or bullet of revolver attributed to accused `K' and `P' were recovered from them - No evidence on record that alleged fired shots attributable to these accused which missed had hit any wall or shutter of..........
Indian Penal Code, 1860, Section 354, 452, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/ss 354, 452 IPC and Ss.7, 8 of POCSO Act - Alleged offences under which accused is implicated is not punishable with more than 10 years - Thus, S.3(2)(v) of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354, 452, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Bail - Offence u/ss 354, 452 IPC and Ss.7, 8 of POCSO Act - Keeping in view facts and circumstances of case, nature of accusations, severity of punishment in case of conviction, period of detention already undergone,..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Deceased committed suicide by hanging herself on a tree after 3 years of her marriage - However, general allegations levelled by witnesses regarding demand of dowry and cruelty, which is not supported by medical evidence - Allegation of demand of dowry and harassment of..........
Criminal Procedure Code, 1973, Section 173, 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Supplementary charge sheet - Quashing of - Offence u/s 3(1)(x) of the Act - Supplementary charge sheet filed by police at the instance of National Commission for Scheduled Castes - Ingredients u/s 3(1)(x) of the Act not made out -..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - No eye witness to incident - Accused was out of village and he was not seen in the village by anybody - There is nothing on record that seized articles belonged to accused - Extra judicial confession made by accused inadmissible in evidence, being made in presence of police officials - Nothing on record to show..........
Indian Penal Code, 1860, Section 100 -- Right to private defence - Where case of accused would be fully covered within condition described at secondly to S.100 IPC so as to vest the accused with right to defend themselves and in case death is caused in said process, no offence can be said to be made out...........
Indian Penal Code, 1860, Section 302, 324, 323, 148, 149 -- Murder - Property dispute between parties - Complainant party come to the spot which is in possession of accused `G' along with trolley loaded with bricks etc., to take possession of said land - It indicate intention of complainant party - It cannot be said that complainant party had gone to place of occurrence..........
Indian Penal Code, 1860, Section 302, 324, 323, 148, 149, 100 -- Murder - Right to private defence - Property dispute - Occurrence took place on the land belonging to accused `G' regarding possession of said land - Complainant party had entered the plot along with trolley loaded with bricks and caused injuries including grievous hurt on vital parts of accused party -..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 324, 323, 148, 149 -- Statement of accused u/s 313 Cr.P.C. - Murder case - Occurrence is virtually admitted by accused in their statement recorded u/s 313 Cr.P.C., with regard to injuries given to deceased and injured witnesses - Factum of existence of injuries on complainant party held,..........
