Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, 201, 34 -- Compliant u/ss 420, 467, 468, 471, 120-B, 201, 34 IPC - Warrant case - Death of complainant - There is no provision in Chapter XIX, `Trial of warrant cases by Magistrate' that in event of death of complainant, complaint is to be rejected - Thus, legal heirs of complainant rightly permitted to come on..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Order framing charge - Injuries received by victims were so trivial that medical officer did not even suggest X-ray examination - Ex-facie there is no evidence on record to show that accused intended to kill victims - Injuries were received in a flurry of brick bats being thrown by accused who were part of mob..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Indian Penal Code, 1860, Section 363, 366, 376D -- Juvenile - Bail - Kidnapping and rape - Gravity of offence is not a ground to deny bail to a juvenile/accused, unless conduct of accused is such to indicate that in all likelihood, after being released on bail, accused will indulge into more crimes -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - When there is no evidence of intention and motive on record, then it cannot be presumed that prosecution proved its case beyond reasonable doubt, particularly, when it is a case in which accused is not challenging incident but only his prayer is to alter offence u/s 302 IPC to S.304(Part I) IPC...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Deceased and accused are real brothers - Incident occurred due to some money transaction in a fit of anger - No evidence on record to prove motive of crime - Accused did not have any intention to cause death of deceased - Even otherwise, except statements of two eye witnesses, no other incident of..........
Indian Penal Code, 1860, Section 307, 149, Arms Act, 1969, Section 27, Evidence Act, 1872, Section 3 -- Attempt to murder - Appreciation of evidence - Presence of injured witness on spot of incident not denied by accused - Accused failed to explain injuries sustained by injured witnesses - Recovery of weapon proved on record - Moreover, reliable and consistent testimony of..........
Indian Penal Code, 1860, Section 376, 420 -- Rape - False promise of marriage - Prosecutrix already stood married and without getting it dissolved, insisting upon getting married to accused - She is not only older in age to accused but she is well settled in life and drawing good salary, whereas, accused still a student and had not settled in life - Prosecution failed to..........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - It is necessary to establish offence u/s 498-A IPC to prove charges u/s 304-B IPC...........
Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 113B -- Cruelty - Dowry death - In order to establish offence u/s 304-B IPC, presumption u/s 113-B of Evidence Act cannot be raised against accused until independently offence u/s 498-A IPC is proved by leading evidence of specific allegation with regard to time and date of such demand and cruelty and..........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Deceased died due to hanging within one year of her marriage - Prosecution, however, failed miserably to establish beyond reasonable doubt that any cruelty and harassment was meted out to deceased by accused let alone soon before her death - Testimony of PWs to the effect that gold bracelet and..........
