Indian Penal Code, 1860, Section 228, Employee's Provident Funds and Miscellaneous Provisions Act, 1952, Section 7A -- Offence u/s 228 IPC committed during the proceedings u/s 7-A of 1952 Act - Said proceedings are deemed to be a judicial proceeding within the meaning of Ss.193, 228 Cr.P.C. - Complaint u/s 228 IPC held, maintainable...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of weapon - Only incident connecting accused is recovery of weapon at the instance of accused - But said recovery is from house belonging to PWs also and was from a known place, known to all - Medical evidence does not support prosecution story - Testimony of PWs shows that they were not..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred without premeditation after sudden altercation between parties which resulted in fatal mishap - There was exchange of words between accused and deceased which led to a scuffle over use of motorcycle - No prior enmity between parties - One fatal injury inflicted - Accused did not take..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 304B, 406 -- Bail - Cruelty - Dowry death - Deceased has tendency to commit suicide, as prior to present incident, deceased attempted to commit suicide - However, deceased denied demand of dowry in her statement recorded in that case - Thereafter, deceased levelled allegations regarding..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Reduction of sentence - Accused was juvenile at time of occurrence - However, now petitioner is 31 years of age and he cannot be kept in Observation Home due to his age nor his sentence can be executed at any other place - Thus, sentence imposed upon petitioner reduced to sentence already undergone by him...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - S.307 IPC provides three punishments for three classes of nature of cases i.e (i) first class of cases, which falls in first part, prescribes term `which may extend to ten years and fine'; (ii) second class of cases, which falls in second part, prescribes either `imprisonment for life' or `such punishment which is..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Quantum of sentence - Facts of case squarely covered under first and second part of S.307 IPC, as gunshot injury caused by accused to victim was grievous in nature - Bullet injury caused in head of victim, which is most delicate and vital part of body - All accused gone to house of victim with common intention to..........
Indian Penal Code, 1860, Section 302, 379, 201, 34 -- Murder - Circumstantial evidence - Last seen evidence - Statement of last seen witnesses recorded after 4 months of incident - Two last seen witnesses declared hostile by prosecution - Statement of PW1 recorded after such delay, shows that he has not seen accused alongwith goats - Last seen evidence not proved...........
Indian Penal Code, 1860, Section 302, 379, 201, 34, Evidence Act, 1872, Section 114 -- Murder - Circumstantial evidence - Recovery of silver and gold ornaments - Recovery made after four months of incident and recovery witnesses not supported prosecution case - Thus, no question of identification made by PW3 - Trial Court convicted accused on basis of presumption drawn u/s..........
Indian Penal Code, 1860, Section 326 -- Voluntarily causing grievous hurt - Amputation of private part of deceased - Reduction of jail sentence - Cutting of private part from its root will definitely have its implication on victim - Statement of victim show that few of accused caught hold of him and other accused chopped his private part, which lead to show that accused..........
