Indian Penal Code, 1860, Section 406 -- Offence u/s 406 IPC - Loan for consideration of interest - There is no question of entrustment as such there is no criminal breach of trust - FIR and proceedings arising therefrom quashed...........
Indian Penal Code, 1860, Section 420 -- Cheating - Loan transaction - Mere inability of accused to return the loan amount cannot give rise to a criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, as it is this mens rea which is the crux of the offence - FIR quashed...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Extra marital relationship, per se or as such, would not come within the ambit of abetment...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Solely because husband is involved in an extra-marital relationship and there is some suspicion in the mind of wife, that cannot be regarded as abetment for satisfying the ingredients of S.306 IPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Father of deceased except stating that accused has been harassing and beating deceased and was a alcoholic and also involved in an illicit relationship with a woman, nothing stated that he had provoked, incited and induced deceased to commit suicide - Accused is..........
Indian Penal Code, 1860, Section 302, 143, 147, 148, 149 -- Murder - Testimony of eye witnesses - PW-1 did not name accused Nos. 2 and 5 in the complaint but in the course of his deposition, he not only named them but also furnished minute details of the attack by each of them - There are contradictions and discrepancies in the depositions of eye witnesses - Motive of..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Once Trial Court found no evidence to convict accused, burden was upon High Court, while reversing the said judgment, to record clear findings in relation to each of the charges and, more particularly, the charge of criminal conspiracy u/s 120-B IPC...........
Indian Penal Code, 1860, Section 304B, 498A, 302, 323, 307, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 32 -- Dowry death - Death by burning - Dying declaration - Deceased sustained 90% burn injuries - She in her dying declaration has stated that she is carrying pregnancy of eight months, but no such pregnancy was found in the medical evidence -..........
Indian Penal Code, 1860, Section 302 -- Murder - It is not always necessary for accused to use a deadly weapon or to attack upon a vital part of body, such as head, to commit murder...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Manner in which petitioner, while wearing safety shoes, delivered kicks to deceased's stomach and private parts prima facie demonstrates his intent to cause his death - Safety shoes, when used as a weapon, can significantly increase the potential for inflicting serious or..........
