Indian Penal Code, 1860, Section 326, 149 -- Offence u/s 324, 149 IPC - No evidence on record that A-4 participated in unlawful assembly which resulted in death of deceased, made any attempt to either stop the incident from taking place or having found out that he could not prevent it, dissociated himself from assembly - A-4 liable u/ss 326, 149 IPC...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Demand of dowry - Testimony of brothers of deceased is not reliable and trustworthy to connect accused with demand of dowry - Several material improvements and inconsistencies were found in the testimony of PWs, which make the case of prosecution doubtful - No public witness on the record which could connect accused with..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Prosecution is required to plead and prove beyond all reasonable doubt that person committing suicide did so after being instigated by accused...........
Indian Penal Code, 1860, Section 498A, 306, 34 -- Cruelty - Abetment of suicide - Nothing on record to show that deceased was tortured by accused and degree thereof was to such an extent that deceased deemed it appropriate to put an end to her life and that too when she was mother of two minor children - Moreover, there are contradictions, inconsistencies and improvements..........
Indian Penal Code, 1860, Section 193, Criminal Procedure Code, 1973, Section 195 -- Offence u/s 193 IPC - Offence u/s 193 IPC falls u/s 195(1)(iii) Cr.P.C., thus, no Court can take cognizance of an offence u/s 193 IPC, except on complaint in writing of Court during proceeding of which such offence is alleged to have been committed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 420 IPC - Dispute relating to receipt of cheque - Said dispute is of civil nature as necessary ingredients of S.415 IPC are not made out and no false representation was made - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 34 -- Anticipatory bail - Cheating - Sale of plot - No role assigned in the transaction to the petitioner - Nothing on record to show if any sale consideration was paid to petitioner by complainant - Petitioner was granted interim protection by Court and was directed to join investigation as..........
Constitution of India, 1950, Article 226, Indian Penal Code, 1860, Section 406, 408, 420 -- Territorial jurisdiction - Petitioner was transferred from Patiala to Shimla in 1991 - Petitioner was charged with embezzlement in 1995 - Petitioner was removed from service by order of removal was passed at New Delhi exercising jurisdiction over Delhi, Punjab & Rajasthan regions -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 147, 148, 149, 504, 114 -- Bail - Honour killing - Deceased and daughter of accused eloped and entered into inter caste marriage - Accused committed murder of deceased - Twice bail application of accused rejected and matter travelled to Supreme Court - Once Supreme Court declined to..........
Indian Penal Code, 1860, Section 307, 327, 326 -- Attempt to murder - Sentence - Looking to the weapon used by accused and resultant injury and condition of injured, imprisonment of 7 years cannot be said to be unreasonable and excessive - However, once the accused held guilty u/s 307 IPC and reasonably sentenced, he need not to be separately convicted and sentenced for..........
