Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 379, 511, 201, 34 -- Quashing of proceedings - Offence u/ss 304, 379, 511, 201, 34 IPC - Petitioner had been arrested and released on bail during investigation - NBW was issued against petitioner, as he did not appear in case on a subsequent date - Petitioner remained at large for 10 years -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 379, 511, 201, 34 -- Quashing of proceedings - Offence u/ss 304, 379, 511, 201, 34 IPC - Petitioner had been arrested and released on bail during investigation - NBW was issued against petitioner, as he did not appear in case on a subsequent date - Petitioner remained at large for 10 years -..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred all of a sudden at the spur of moment - There was no intention of accused to kill deceased - Incident was not pre-planned - Deceased was being hit by lathis and dandas and accused had used excessive force - Accused is guilty of an offence u/s 304(Part II) IPC...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - All the accused persons are innocent persons who never had any criminal record - Accused are on bail - Conviction u/ss 148, 302 r/w 323 be treated to be conviction u/s 304(Part II) IPC and conviction u/ss 147, 148 set aside - Punishment imposed of fine of Rs.20,000/- each and this fine be paid..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Testimony of eye witnesses - Testimony of eye witnesses recorded after gap of four years - Minor contradictions or variations are normal - Trial Court erred in basing acquittal of accused on these immaterial inconsistencies more particularly when factum of dispute between parties was even..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Four different versions regarding injuries received by deceased are coming from the side of defence - Such inherent contradictions cannot result in acquitting accused - Clinching evidence produced by prosecution in the form of independent witnesses proving guilt of accused - No error committed..........
Indian Penal Code, 1860, Section 304(PartII), 323 -- Offence u/ss 304 Part-II IPC - Reduction of sentence - Accused inflicted injury on victim from backside of an axe - Dispute arose on a very trivial issue of distribution of wheat seeds that too in a spur of moment and without premeditation - No criminal antecedents against accused - Accused has faced the rigour of trial..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused had tried to commit suicide herself along with two children by consuming poison - Case of accused not covered u/s 300 Exceptions IPC, particularly, when there was no consent from two children who were fed and died upon consuming pesticide administered by accused - Accused rightly convicted u/s..........
Indian Penal Code, 1860, Section 304(Part I), 324, 294(b) -- Offence u/ss 304(Part I), 324, 294(b) IPC - PW1 and PW2 witnesses of occurrence identified accused as assailant - Two wheeler of accused recovered from the place of occurrence - PWs identified the two wheeler of accused which he left and fled away from the place of occurrence - Accused rightly convicted -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred in the house of PW1 when only accused and deceased were there - Accused used the spade which was very much available in the house of PW1 - No evidence to establish that accused had any motive to commit murder of her own father - Prosecution has utterly failed to establish that act..........
