Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Fatal accident of 5 years old girl - Incident occurred when petitioner was reversing his car and deceased came out of house to collect her ball and got injured by car - Distance between place where accident occurred was 10 steps from the place where vehicle was reversed - Evidence shows that vehicle..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 354A, 354B, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Demand of dowry - Complaint discloses a prima facie case against accused persons - Order taking cognizance against accused rightly passed by Trial Court - High Court ought not to interfered in..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 8 -- Murder - Motive - All material witnesses including eye witnesses not supported prosecution case - FSL report does not prove that fire arm injury to deceased was caused by country made pistol recovered from accused by police - Moreover, prosecution failed to prove that any..........
Indian Penal Code, 1860, Section 306, 448, Evidence Act, 1872, Section 32 -- In case of suicide, statement of deceased recorded before death is essentially a dying declaration and is the most material piece of evidence...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 147, 148 -- Quashing of FIR - Offence u/ss 323, 147, 148 IPC - FIR registered in 1991 - Till date challan not presented - Hence, after a lapse of more than 26 years, trial Court cannot take cognizance of offence in view of S.468 Cr.P.C. - FIR along with all consequential proceedings qua..........
Indian Penal Code, 1860, Section 420, 452, 467, 471, 379, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Stealing of cheques - Cheques dishonoured on 29.03.2017 and FIR lodged on 30.03.2017 - Complainant had knowledge that he shall be facing proceedings under the Negotiable Instruments Act - FIR quashed...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307 -- Framing of charge u/s 307 IPC - Injured received three injuries in incident, out of which two are abrasion on fingers and third injury on parietal region caused by blunt weapon - Injury sustained are simple in nature - Even police in charge came to conclusion that offence u/s 307 IPC not..........
Indian Penal Code, 1860, Section 302, 392 -- Triple murder case - Robbery - Motive of crime proved on record, as day before incident accused was hurt by utterances of deceased, which resulted in murder of deceased - Accused has gone to deceased`s house in absence of other family members and killed her along with two children - Plea of innocence of accused is negatived by..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Death caused by accused not premeditated - Accused had no intention to cause death of deceased - Injuries though sufficient in ordinary course of nature to cause death, but accused had no intention to do away with deceased - Case thus, falls u/s 300 Exceptions 1 and 4 IPC - Accused is guilty of offence u/s..........
Indian Penal Code, 1860, Section 304 -- Nature of offence - Two constables shot at victims, one of them died on the spot and caused injuries to two of them - Right of private defence was taken by accused, which is not proved - Evidence on record shows that accused though fired at tyres of vehicle in order to prevent victims from escaping so as to ascertain their identity,..........
