Indian Penal Code, 1860, Section 302 -- Murder - Quantum of punishment - Land dispute was going on between parties and parties are related to each other - Incident occurred at the spur of moment - Accused incarcerated for more than 15 years - Incarceration of 15 years fixed would be just and proper with all remissions - Accused order to be released from jail if not..........
Indian Penal Code, 1860, Section 304 -- Offence u/s 304 Part-I IPC - Reduction of sentence - Incident occurred due to mutual pelting of stones between deceased, accused and victims - Injuries were first caused by complainant party by pelting stones - Accused being young member of family in consequence of injuries caused to his mother, caused lathi blow to deceased - It is..........
Medical Termination of Pregnancy Act, 1971, Section 3(4), Indian Penal Code, 1860, Section 313, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Termination of pregnancy without consent of husband - Pregnancy of petitioner terminated in order to save her life, as her condition was deteriorating due to carrying a dead foetus - Medical evidence confirms..........
Indian Penal Code, 1860, Section 363, 366, 376, 120B -- Kidnapping and rape - Version of prosecutrix that she was subjected to forceful intercourse without her consent which contains material contradictions, improvements and omissions and does not inspire confidence and cannot be believed - Even medical evidence does not support prosecution story - No external injury found..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, 120B -- Bail - Present petitioner not named in FIR - Main accused `S' is agent of bank and all allegations are against him, that he has obtained signatures on blank forms and took original title deeds of complainant - Allegation against present petitioner is that he took loan of Rs.25..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Can be accepted without any corroboration in material particulars as she has to be placed on higher pedestal than an injured witness...........
Indian Penal Code, 1860, Section 376(f), 506 -- Rape of minor girl - Testimony of prosecutrix regarding commission of rape upon her remained consistent, unfettered, invariable and even, throughout the entire process of recording of her evidence - There are no lacunae in the entire process of recording of evidence of prosecutrix which can pin point to any inconsistency..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 304(Part II), 34 -- Suspension of sentence during pendency of appeal - Offence u/ss 304(Part II), 34 IPC - Appeal is of year 2015 - There is no possibility of appeal being finally heard in near future - Accused remained in jail for about 3 years and is suffering from various ailments - Accused..........
Criminal Procedure Code, 1973, Section 319, Prevention of Corruption Act, 1988, Section 11, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 409, 120B -- Summoning of additional accused - Misappropriation of amount in State Corporation - Collection of money done in different branch offices spread all over State - However, instructions were being parted through a..........
Indian Penal Code, 1860, Section 406, 418, 423, 465, 467, 468, 471, 475, 260, 255, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 406, 418, 423, 465, 467, 468, 471, 475, 260, 255, 120-B IPC - Quashing of complaint - Prima facie it appears that complainant just to recover his amount, has given criminal colour to dispute, which appears to be civil in nature..........
