Indian Penal Code, 1860, Section 379A, 411, 34 -- Offence u/ss 379-A, 411, 34 IPC - Conviction - Complainant in his cross-examination voluntarily stating that prior to lodging FIR he was not acquainted with names and identities of accused only after his seeing a footage of CCTV cameras as were installed at place of occurrence - However, best electronic evidence did not..........
Indian Penal Code, 1860, Section 376, 452 -- Rape - Quantum of sentence - Incident occurred prior to amendment in S.376 IPC and pre amended provision provides that a person committed of rape shall be punished with R.I for a term which shall not be less than 7 years but which may extend to imprisonment for life and shall also be liable to fine - Accused has no criminal..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Conjoint attack on deceased was inhumane and extensive injuries were found on her body including on her vital parts - Brutal attack launched on a helpless housewife by her husband and in-laws clearly disclose their intention to murder her - Brothers-in-law pinned her down while her husband mercilessly..........
Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - PWs 5 to 7 spoke of continuous torture upon deceased during her lifetime at her matrimonial home by accused - Accused ill-treated and assaulted her - Deceased along with her one and half year child had been driven out of matrimonial home and she was compelled to lodge a criminal case against accused, which though..........
Criminal Procedure Code, 1973, Section 293 -- Report of Ballistic Officer - Neither copy of report was supplied to accused nor contents of report were brought in evidence - Accused did not have opportunity to challenge report - Sessions Judge even omitted to put any question to accused in his examination u/s 313 Cr.P.C on basis of contents present in the report which were..........
Indian Penal Code, 1860, Section 302, 447, 504, 506, 341, 34 -- Murder - Common intention - Role of co-accused were limited to holding and twisting the hands of deceased - Co-accused not assaulted after deceased had fallen down and were not responsible for injuries suffered by deceased resulting in his death - They did not facilitate and help main accused `K' in assault he..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence of post mortem report by no stretch of imagination can be made sole basis for conviction of accused in absence of legal proof against them...........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, Arms Act, 1959, Section 25(1B), 4 -- Murder - Accused nos. 1 to 4 gave fatal blows on chest and head of deceased - Deceased died as a result of injuries suffered on the head and in chest - None of other accused was stated to have given any blow to deceased - Accused nos. 1 to 4 were attributed clear and overt acts -..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of compensation amount - Merely stating that accused is a poor lady would not exempt her from making said deposit - Moreover, nothing on record prima facie to show that accused is a poor lady - No interference warranted in impugned order of directing..........
Indian Penal Code, 1860, Section 354 -- Offence u/s 354 IPC - Compromise between parties - Conviction confirmed by High Court - No credence can be granted to such compromise...........
