Indian Penal Code, 1860, Section 420, 120B, 34, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Cheating - Criminal conspiracy - Quashing of FIR - Case involves a multi-victim scam - Petitioners were Independent Representatives (IRs) of company which is accused of cheating and dishonestly inducing victims to invest monies in a fraudulent..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Without a positive act on the part of accused either to instigate or aid in committing suicide, conviction cannot be sustained...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - There must be: (i) `guilty mind' to commit an offence; (ii) it requires an active or direct act, which lead the deceased to commit suicide; (ii) No option and that this act should have driven the deceased into such a decision that she committed suicide...........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - It is not necessary that an instigation should be only by `words' and may not be `conduct' - A direct evidence of an instigation or aid is not necessary...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Deceased committed suicide by hanging within 9 months of her marriage - Evidence on record shows that mental cruelty and harassment meted out to deceased by accused for abetting suicide - Relationship between deceased and accused were strained - Accused held, guilty of offence u/ss 498-A, 306 IPC..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Quantum of sentence - Accused is an young man aged about 29 years - Sentence of accused reduced to 5 years R.I from 10 years R.I u/s 306 IPC and fine remains the same - As regarding sentence u/s 498-A IPC, punishment reduced to 1-1/2 years R.I...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - All accused who participated in crime with A-1 acquitted - Vicarious liability u/s 34 IPC would not be attracted so as to hold A-1 liable for offence u/s 302 IPC with the aid of S.34 IPC...........
Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Evidence of PW1 shows that A-1 was responsible for causing knife injury on the leg of deceased - Post mortem report though not very explicit, does record an injury on the leg of deceased - A-1 held, liable for such injury for an offence punishable u/s 324 IPC - Sentence of accused u/ss 302, 34 IPC thus, set aside...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred at spur of moment - No pre-planning or prior meeting of mind - No prior enmity between parties - Only reason of scuffle was grazing cattle of deceased in agricultural fields of accused - All eye witnesses narrated story in similar manner that incident occurred so instantly that they..........
Will -- Genuineness of Will - Mere registration per se will not prove Will notwithstanding S.63 of Indian Succession Act and S.68 of Evidence Act...........
