Indian Penal Code, 1860, Section 304 -- Offence u/s 304(Part I)PC - Specific case of eye-witnesses is completely belied by medical evidence on record - Witnesses of fact alleged that deceased was badly beaten with fists and kicks and later his head was banged on the wall but neither any injury is found on the head nor any signs of injury are shown on the face or forehead..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379B, 34, 411 -- Quashing of FIR - Offence u/ss 379-B, 34, 411 IPC - Accused declared proclaimed offender on 30.10.2019 and co-accused was acquitted on 4.3.2020 - Accused approached High Court by way of his first petition for quashing, seeking similar relief which came to be argued and withdrawn..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 384, 389, 406, 120B, 34 -- Quashing of FIR - Cheating - Aspect about complicity of a person who was involved in the forgery is a disputed question of fact and the same will have to be addressed after a proper appreciation of evidence which can be done only during trial and not at such a..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against sister-in-law of wife - Sister-in-law of wife is married and resides separately from wife - General and omnibus allegations alleged against her which did not lie against her - Proceedings qua sister-in-law of wife stayed till 30.11.2024 or until further orders, whichever is earlier...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Statements made in FIR along with statements of PW1 and PW2 though establish that appellant was there on the spot - However, nowhere in the FIR or in the evidence it is mentioned that when appellant along with co-accused reached place of incident he was sharing common intention with co-accused to..........
Indian Penal Code, 1860, Section 376, 376(2)(n), 376(2)(h), 313, 323, 504, 506 -- Rape - False promise of marriage - Mere facilitating a rented house for victim by accused does not establish an intent to marry...........
Indian Penal Code, 1860, Section 376, 376(2)(n), 376(2)(h), 313, 323, 504, 506 -- Rape - False promise of marriage - Quashing of FIR - Sexual relationship between parties was purely on the assurance of accused to marry victim - Act of accused in abusing and assaulting victim when he learnt that she conceived from him indicate lack of intent right from the beginning -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Deceased and both the accused received injuries in the incident - Possibility of scuffle between two groups, incident taking place in a sudden fight in the heat of passion, upon a sudden quarrel cannot be ruled out - No evidence that accused has taken undue advantage or acted in a cruel or unusual..........
Indian Penal Code, 1860, Section 450, 367(1), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 450, 367(1) IPC - Serious allegations are prima facie made out against accused - In such a case merely acting on affidavit filed by de facto complainant regarding settlement of offence, proceedings cannot be quashed - Petition for quashing..........
Indian Penal Code, 1860, Section 392, 379, 34 -- Nature of offence - Compromise - Prima facie ingredients to constitute an offence u/s 390 IPC punishable u/s 392 IPC are not made out - Offence u/s 379 IPC is made out which is compoundable at the option of owner of stolen property - Offence compounded - Proceedings quashed...........
