Indian Penal Code, 1860, Section 307 -- Two injuries, found to be simple in nature, caused by blunt weapon, one on the head and other on the left knee - Merely because a gun was recovered from the spot and that too unloaded, intention to cause death cannot be inferred - Trial Court erred in framing charge u/s 307 IPC...........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Quashing of FIR - Complainant herself admitted that FIR was lodged by her under some confusion and being misguided by certain relatives inimical to accused and also alleged that victim has retuned back along with relative in whose house she took the shelter of her own - Prima facie it stands established that offence..........
Indian Penal Code, 1860, Section 302 -- Murder of 10 years old child by strangulation - Cannot be justified by saying that it was unintentional or accidental - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302 -- Murder of 10 years old child by strangulation - Accused allured the deceased and PW4 by promising to give them bat and ball - He pushed some paper forcibly inside the mouth of deceased leading to bleeding injuries on being pressurized by child for bat and ball and strangulated him by napkin - Confessional statement of accused being..........
Indian Penal Code, 1860, Section 302, 324, 34 -- Double murder case - Common intention - Four eye witnesses stated in one voice that all three accused present at the place of occurrence with dao in their hands and inflicted multiple injuries on two deceased persons - It is not possible that accused `J' alone committed murder of two persons and left the dead bodies at two..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 363, 366, 376, 120B -- Discharge - Kidnapping and rape of minor girl - Prima facie allegations made out against accused to proceed with the case - Sufficient grounds on record for presuming that accused committed the alleged offence - Consent of prosecutrix not material, as prosecutrix was minor..........
Indian Penal Code, 1860, Section 352, 448, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v) -- Offence u/ss 352, 448 IPC and S.3(1)(v) of SC/ST Act - Property dispute - Contradictions and discrepancies in daily diary of police, complaint and statement recorded u/s 161 Cr.P.C. - Only independent eye witness turned hostile - FIR..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder of wife by husband - Testimony of 6 years old child witness - Deceased suffered extensive injuries prior to her death - However, no evidence on record as to how deceased suffered injuries, despite presence of child PW16 in the room where murder took place - Mere reference of child to `quarrel'..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of anticipatory bail - Offence u/s 195-A IPC - Accused after getting benefit of anticipatory bail threatened PW for which FIR u/s 195-A IPC came to be registered against him - Investigation of said offence completed and charge-sheet filed - Prima facie allegation made out against accused - Merely because..........
Guardians and Wards Act, 1890, Section 25 -- Custody of minor daughter aged 12 years - Claimed by father, as criminal cases were registered against mother - Case registered under Immoral traffic Act against mother ended in acquittal - Pendency of criminal case u/ss 177, 420 IPC would have no direct bearing on the custody issue, particularly when said case originated at the..........
