Indian Penal Code, 1860, Section 307, 323, 506, 34 -- Attempt to murder - Eye witnesses who are daughters of complainant were not examined by prosecution and were given up - Real brother of complainant, who has been stated to have taken complainant to Hospital has not been examined as a witness - Doctor who has given opinion as to injury being dangerous to life has not..........
Civil Procedure Code, 1908, Section 35 -- Costs - Vexatious litigation - Where one of parties misuse the process or attempt to obtain an order by trick and stratagem, Courts would be justified in imposing costs for igniting such vexatious litigation...........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of PW7 and PW8 - Merely because PW7 and PW8 did not chase the accused or attempt to catch him does not affect prosecution case, as deceased was their real brother, it was but natural for them to be stunned into temporary inaction - Testimony of PW7 and PW8 is reliable...........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Quashing chargesheet - Appellant along with her family did not attempt to put any pressure on the deceased to end the relationship between her and Babu Das - In fact, it was the deceased's family that was unhappy with the relationship - Even if the Appellant expressed her disapproval towards the marriage of..........
Indian Penal Code, 1860, Section 307, 323, 324, 325, 504, 506 -- Attempt to murder - Complainant and PW4 are hearsay witnesses, testimony of PW3 does not inspire confidence, as he is relative of complainant - Victim was under influence of alcohol at the time of alleged incident and as per prosecution, his finger was cut in the alleged incident, but there is not an iota of..........
Bharatiya Nyaya Sanhita, 2023, Section 106, 100 -- Nature of offence - When someone does stunts on a public road, endangering public safety, and when motor sport is not being conducted with knowledge of traffic control authorities and ample time has been given to them to take preventive steps, acts of public stunt, it leads to death would fall in the definition of culpable..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Settlement - Quashing of proceedings - Settlement of cases involving offence u/s 307 IPC can be considered after filing Final Report and not before filing Final Report, if prosecution materials do not suggest commission of said offence and also in consideration of the nature of injuries sustained...........
Indian Penal Code, 1860, Section 307, 341, 323, 324, 506(ii) -- Attempt to murder - Settlement - Quashing of proceedings - Medical records of injured no way suggest that she sustained any injuries on vital/delicate parts of her body - Since no injuries sustained to injured on any vital or delicate parts of the body, allegation as to commission of offence u/s 307 IPC is not..........
Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Attempt to rape - No injury was found on the body of victim - Prosecution utterly failed to establish that clothes of victim and accused were properly taken, properly stored and properly transmitted to FSL - Chain of custody of the same has not been established..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Plaintiff did not mention anything in his application about new facts being mentioned in the written statement filed by defendants - Even, last opportunity was granted to plaintiff to produce evidence but instead of producing his witnesses in evidence, plaintiff filed present application which shows the lethargic..........
