Criminal Procedure Code, 1973, Section 245, Indian Penal Code, 1860, Section 306 -- Discharge - Abetment of suicide - Prima facie involvement of accused in abetting commission of suicide of deceased is on record, as he was trying to blackmail deceased which ultimately led her to commit suicide - Suicide note was seized in which categorical aspersion against accused of his..........
Criminal Procedure Code, 1973, Section 211, Indian Penal Code, 1860, Section 498A, 304B, 302, 306, 406 -- Charge - Charge framed u/ss 498-A, 304-B and in alternate u/s 302, 306, 406 IPC - Mother and brother of deceased though in their statement u/s 174 Cr.P.C. immediately after death stated that they have no grievance against i, laws but complaint on the basis of which FIR..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC - Compromise - In the instant case, trial Court convicted accused u/ss.498-A, 406 IPC - However, accused acquitted for offence u/s 498-A IPC and held guilty u/s 406 IPC by appellate Court - During pendency of this petition, matter compromised between..........
Indian Penal Code, 1860, Section 307, 323, 341, 147, 148, 149 -- Attempt to murder - Common object - 48 persons intercepted victim, when he was proceedings on a motor cycle - Victim received 9 injuries on his body - All the injuries inflicted on the hands and legs of victim and none were found on the vial part of body - No medical evidence that injuries were sufficient in..........
Indian Penal Code, 1860, Section 307 -- Charge framed u/s 307 IPC - Justification - Total 9 injuries were inflicted on victim but no injury was on vital part of the body of victim - Medical evidence on record shows that injuries inflicted on victim were not sufficient in natural course to cause death - Ocular evidence shows that intention of accused was just to break limbs..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 147, 149, 352, 332 -- Order framing charge - SHO alleged to be prevented to serve summons to prosecutrix - SHO concerned accompanied by other police officers proceeded for serving summons on prosecutrix during odd hours at the place of residence of accused without being accompanied by lady..........
Indian Penal Code, 1860, Section 498A, 306 -- Offence u/ss 498-A, 306 IPC - Framing of charge - Statement u/s 161 Cr.P.C. - Veracity, trustworthiness and genuinity of witnesses can be tested only during trial and not at the stage of framing of charge - If there is prima facie sufficient evidence to prove the offence, accused can be charged with - Delay in lodging FIR, role..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Death of complainant - Murder case - Facts disclosed in FIR are not admissible u/s 32 of Evidence Act - Treating contents enumerated in FIR as dying declaration of complainant after his death, thus, totally against law, particularly when it is neither in connection of death of deceased nor it discloses..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of sole witness - PW4 stated that he reached the place of occurrence after hearing cries regarding murder of deceased - Statement denotes that PW4 reached the spot after murder and he saw only departure of accused from the place of occurrence - PW4 further admitted that assault on deceased was committed by country..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 323, 324, 34 -- Compoundable offence - Court has no objection in allowing compounding petition...........
