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...........
Indian Penal Code, 1860, Section 279, 338, 304A -- Rash and negligent driving - Collusion between three wheeler and bus - Death of four passengers of three-wheeler - Three-wheeler being driven by complainant at the time of accident was proceeding in the wrong lane/road, giving no time at all to driver of bus to avoid hitting three-wheeler - Bus driver in such situation..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Review petition against acquittal - Appreciation of evidence - Role of accused in causing injury by pushing victim out of train is doubtful - Even, medical evidence shows that injury caused to victim while in train by itself is not sufficient to cause death - Moreover, principle of presumption..........
Indian Penal Code, 1860, Section 375 -- Clause IV - Rape - Consent on the belief of lawful marriage - Even if prosecutrix knew that accused was already married, provision of S.375 Clause fourth shall still be attracted...........
Indian Penal Code, 1860, Section 493 -- Marriage - Misconception of fact - Even though marriage was not performed as per Hindu rites and rituals, however, registration of marriage is sufficient for prosecutrix to believe that she was legally wedded wife of accused, thereby, creating a misconception in her mind - Offence u/s 493 IPC thus, attracted - Accused rightly..........
Indian Penal Code, 1860, Section 375 -- Clause IV, 493 - Rape - Consent on the belief of lawful marriage - No evidence on record that prosecutrix was aware of the first marriage of accused - Registration of marriage between accused and prosecutrix was sufficient for prosecutrix to believe that she was legally wedded wife of accused and she cohabited with him under the..........
Indian Penal Code, 1860, Section 302, 148, Evidence Act, 1872, Section 3 -- Murder - Testimony of interested witness - PW9, admitted that he already deposed for victim family on a number of previous occasions, that too against the same accused - He acted as a pocket witness for family - This admission by PW9 not only doubt the veracity of his own deposition but also..........
Indian Penal Code, 1860, Section 302, 148 -- Murder - Parties are admittedly in hostile terms - Name of eye witness PW8 was not mentioned as a witness to incident in FIR - There were contradictions in the statements of Doctor and eye witnesses as to distance and height of assaulter while inflicting grievous injury to deceased - Investigation in the case was carried out..........
Indian Penal Code, 1860, Section 302, 149, 148 -- Murder - Common object - Property dispute - A-1 caught hold of deceased and A-4 dealt with lathi blows - Other accused persons who were standing nearby did not play any role in attacking deceased - Only act attributed to them is that they shouted `Maro sale ko' - Mere utterance of said words would not mean that they wanted..........
