Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Alleged abusive words allegedly uttered inside the cabin and only complainant and accused were present there - Complainant has been facing disciplinary proceedings and for which enquiry officer was appointed - Prosecution case is found to be a retaliatory measure at the instance of complainant to avoid..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Defective investigation - Three bullets were fired at the injured - However, only one retrieved bullet had been sent to FSL with there being no explanation of what happened to other two bullets - Incident of firing stands corroborated by recovery of bullet from the body of injured - I.O. has chosen not to..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Inordinate delay in making complaints despite assailants being known to complainant and injured for past 14 years, is a circumstance which clearly points out to false implication of accused - Accused discharged...........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Identification of accused - Assailants despite being known to accused were not named for two years and subsequently accused not only got implicated in one FIR but only thereafter they had been named in the subsequent complaint - There is no incriminating evidence against accused - Prima facie case is not made..........
Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Attempt to rape - Victim alleged the commission of rape in her statement before Court while in her statement before Magistrate no such claim was made - Medical evidence shows no external or internal injuries on the victim - Hymen of victim was found intact -..........
Indian Penal Code, 1860, Section 302, 97 -- Murder of husband by wife - Right of private defence - Deceased/husband was in a drunken mood tried to ravish his own daughter aged about 21 years - To save the honour of his daughter, accused/wife has committed the murder of her husband - Body of deceased found semi nude and injury on his head i.e skull broken - Post mortem..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 406, 467, 468, 471 -- Cancellation of anticipatory bail - Cheating - Forged documents - Veracity and authenticity of documents alleged to be forged were to be ascertained by I.O. - Charges were framed against accused - Custodial interrogation of accused not required - Anticipatory bail..........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Allegation against sister-in-law - No evidence on record that accused harassed deceased for dowry and treated her cruelly - Accused's act of merely having deceased visit her house and engaging in quarrels does not amount to cruelty for dowry - Statement alleging accused poisoned deceased were..........
Indian Penal Code, 1860, Section 302 -- Murder - Allegation that accused assaulted deceased after bullets were fired on deceased by co-accused - However, charge u/s 34 IPC has not been framed against accused - Accused convicted only on the basis of statement of PW1 - Deceased had already died when PW1 reached the scene of offence - PW1 in his cross-examination stated that..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Victim had gone with accused on her own volition - She left with accused on his motor cycle and thereafter travelled to various places including by train for more than six days - Physical relations were voluntarily formed by victim..........
