Indian Penal Code, 1860, Section 500 -- Defamation - Appeal against acquittal - Leave to appeal - All allegations regarding alleged offence made against main accused - No specific allegation made against any of respondents nos.2 to 10 except that they are part of demonstration made against applicant - At the most respondents were also signatory of memorandum, which was..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death and cruelty - There is sufficient evidence on record to show that deceased was assaulted and tortured in different ways during her short stay in her matrimonial home by her husband and other close relations of her husband for the fulfillment of their illegal demand - Trial Court wrongly misread the evidence and..........
Indian Penal Code, 1860, Section 306, 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Plea of mental depression as cause of suicide of deceased is devoid of any logic as live-link is proved between such torture and suicide of deceased - Hence, presumption u/s 113-B of Evidence Act is available in favour of prosecution - Prosecution proved its case -..........
Indian Penal Code, 1860, Section 302, 324, 336, 148, 149, 506II -- Murder - Unlawful assembly - Common object - Enmity between two rival political groups - Prosecution evidence not sufficient to conclude that any conspiracy was hatched by accused with common object to cause death of deceased - No deadly weapons were carried by accused - At the most accused wanted to..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - There was no preconceived common object of eliminating the members of complainant family and group - In the scuffle that took place between parties, one blow came to be inflicted on the head of deceased, which proved fatal - However, this by itself cannot be reason to conclude that there was any..........
Indian Penal Code, 1860, Section 97 -- Right of private defence - Mere reasonable apprehension is enough to put the right of self defence into operation and it is not necessary that there should be an actual commission of offence in order to give rise to right of private defence - It is enough if accused apprehended that such an offence is contemplated and is likely to be..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Right of private defence - Accused reasonably apprehended danger to his life when deceased `S' and his brothers started strangulating him after pushing him to floor - Shooting took place in a sudden fight in a heat of passion - Though accused exceeded his power of self defence but exercise of right was in..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused and his father firing at deceased `K' - It is difficult to say with certainty that shots which hit deceased `K' were fired by accused - Benefit of doubt must be given to accused - Accused not guilty of murder of deceased `K'...........
Indian Penal Code, 1860, Section 34 -- Common intention - Merely because two accused were armed, it cannot be said that they both are responsible of murder of deceased - Accused killed the deceased in exercise of his right of private defence - Co-accused may or may not have acted out of desire to protect accused - He did not share same intention as that of accused - It is..........
Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Consenting party - Age of prosecutrix as per ossification test in the absence of any other evidence is above 16 years - Both accused and prosecutrix were familiar with each other and she was on visiting terms at accused's residence - Nothing on record to show that prosecutrix was in forcible detention, as..........
