Indian Penal Code, 1860, Section 302, 201, 34 -- Murder- Causing disappearance of evidence - A5 was driving of car in which deceased was last seen with A5 and A1 - Car went up till Spot A, which is place of incident as is evident from existence of mud from spot on tyres of car - False claims made by A5 and fact that body of deceased was recovered from a sub-canal where..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 325, 452, 427, 354, 201, 341, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), (xi), (s) -- Bail - Offence u/ss 323, 325, 452, 427, 354, 201, 341, 34 IPC and S.3(1)(x), (xi), (s) of SC/ST Act - No allegations regarding uttering derogatory..........
Indian Penal Code, 1860, Section 326, 452, 34 -- Offence u/ss 326, 452, 34 IPC - Quantum of sentence - Accused entered the house of complainant attacked others present with axe and with sticks - Four people including complainant were injured - Main allegation against accused is that they used an axe to attack victim - In the scuffle, accused were also injured profusely -..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Call girl - Respondents No.2 & 3 shouted at the deceased girl calling her a call girl - Deceased committed suicide on the next day - There is no abetment - Suicide committed by victim cannot be said to be the result of any action on part of respondents nor can it be said that commission of suicide by the..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Gunshot injury - Deceased died due to single gunshot injury resulting in instantaneous death - However, alleged eye witness reached to the place of occurrence after incident which had already taken place - There is previous enmity between parties, thus, possibility of false implication of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 326, 232, 324, 427, 34, Arms Act, 1959, Section 25, 54, 59 -- Quashing of proceedings - Compromise - Offence u/ss 452, 326, 232, 324, 427, 34 IPC and Ss.25, 54, 59 of Arms Act - Dispute between parties amicably settled inter se - Compromise is genuine - FIR along with consequent proceedings..........
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal conspiracy - Contract of civil nature - If there is element of cheating and fraud it is always open for a party in a contract to prosecute the other side for the offences alleged - Order quashing complaint, set aside...........
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal conspiracy - Element of cheating and fraud - Mere filing of suit or complaint u/s 138 N.I. Act by itself not a ground to quash the proceedings - Order quashing complaint, set aside...........
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal conspiracy - Contract of civil nature - Novation of contract - Whether there is novation of contract or not and the effect of such entering into contract is a matter which is to be considered after trial but not at the stage of considering..........
Indian Penal Code, 1860, Section 302, 392, 397, 34, Arms Act, 1959, Section 25 -- Murder - Weapon of offence not exhibited before Court - Bald testimony of police official about recovery of weapon and its use in two crimes - Cannot be taken to be admissible...........
