Indian Penal Code, 1860, Section 304 Part I, 304 Part II -- Applicability - Second Part of Section 304 IPC applies when there is no guilty intention, but there is guilty knowledge i.e. the act by which death was caused was done with the knowledge that the act was likely to cause death, but without any intention to cause death, or such bodily injury, as was likely to cause..........
Criminal Procedure Code, 1973, Section 482, 397, 401 -- Inherent power - Order passed by Sessions Judge and also by the Sub Divisional Judicial Magistrate revisable order - The same not challenged by filing revision but petitioner under Section 482 filed after a period of five years - Held that when there is specific provision under the Cr.P.C. i.e. Ss.397 and 401 under..........
Criminal Procedure Code, 1973, Section 311, 482 -- Additional evidence - Application by wife for maintenance u/S.125 Cr.P.C. - Wife examined two witnesses but did not appear herself as her own witness and her application stood dismissed - Application by respondent wife before Sessions Court in revision for additional evidence seeking permission to allow her to appear as..........
Criminal Procedure Code, 1973, Section 340, 195 -- Fabrication of document in proceedings before Civil Court - Section 340 Cr.P.C. is applicable irrespective of fact whether proceedings are of Civil or of Criminal nature - S.340 Cr.P.C. is applicable even to the Revenue Courts...........
Criminal Procedure Code, 1973, Section 482 -- Registration of FIR - Petition for - Allegation made for commission of offence under Ss.452, 342, 354, 506/120B IPC - No document annexed with the petition in order to support the stand taken that the portion which the accused persons had occupied factually was owned or possessed by the petitioner on the date when alleged..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97 -- Stay of execution during pendency of application U.O.21.R.97 - Executing Court is competent to grant stay of execution under section 151 CPC...........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 392, 394 -- Robbery and murder - Confessional statement - Recovery of stolen articles at instance of accused from a place accessible to public - Accused must be deemed to be in exclusive possession of articles though the place of concealment was accessible to public - Statement relating to concealment is..........
Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 - Bail - Non-compliance of Section 42 of NDPS Act alleged - Keeping in view the facts and circumstances of the case and without commenting on the merits of the case, petitioner ordered to be admitted to bail...........
Criminal Procedure Code, 1973, Section 306 -- The powers under Section 306 of the Act ought to be exercised where the prosecution considers that the evidence of an accomplice is necessary - When the prosecution informs the court that the pardon to one of the accused will make the prosecution successful and otherwise the conviction is not easy, the court shall tender..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Court has plenary power to summon or recall any witness at any stage under Section 311, Cr.P.C. if there exists justifiable reason to do so in the interest of justice, but the Court should act with circumspection and exercise power sparingly...........
