Indian Penal Code, 1860, Section 468 -- Forgery - Some of the co-sharers executed power of attorney without disclosing that complainant is also a co-sharer - Does not tantamount to forgery...........
Indian Penal Code, 1860, Section 468 -- Forgery - Condition precedent for forgery is making a false document - A person is said to have made a `false document' if : (i) he made or executed a document claiming to be someone else or authorized by someone else; or (ii) he altered or tampered a document; or (iii) he obtained a document by practicing deception, or from a person..........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Allegation against accused that when complainant enquired from accused about power of attorney, accused threatened to kill complainant - However, all accused are aged persons and resided outside the State - Averments in the complaint, if assumed to be true, do not make out an offence u/s 506 IPC - Complaint..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Two types of cruelty are : (i) wilful conduct of a nature which is likely to drive a woman to commit suicide or to cause grave injury or danger to life, limb or health - Wilful conduct can be both mental and physical but it must relate to a woman; (ii) relatable to property, and with a view to coerce her or any other..........
Indian Penal Code, 1860, Section 498A, 307, 34 -- Cruelty - Attempt to murder - Victim stated that beatings were given all over her body by accused - However, injuries as per MLC are not substantiated by statement of victim - MLC shows that injuries were possible by fall from staircase - Victim is unreliable witness as she was not in a fit state of mind to make a statement..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused inflicted knife blow to deceased after heated exchange of words, as a result of which deceased died - There was no pre-mediation and incident occurred in the heat of passion in a sudden fight - Offence committed by accused is covered u/s 304(Part I) IPC and not u/s 302 IPC...........
Indian Penal Code, 1860, Section 304A, 279, 337, 338 -- Rash and negligent driving - Fatal accident - Three persons died and many others injured - - Eye witnesses of occurrence travelling in offending vehicle stated in one voice that accident occurred due to negligence of accused as he was trying to overtake another vehicle and lost control over the same, which ultimately..........
Indian Penal Code, 1860, Section 304A, 279, 337, 338, Probation of Offenders Act, 1958, Section 4 -- Rash and negligent driving - Fatal accident - Benefit of probation - Where there is overwhelming evidence to suggest that vehicle was driven by accused in most rash and negligent manner, no leniency can be shown to accused - Benefit of probation not granted to accused -..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 376 -- Summoning of additional accused - Rape case - Prosecutrix on first possible opportunity disclosed only name of accused and she did not say anything about presence of any other person - Subsequently, prosecutrix named two additional accused - Names of additional accused were kept in Column 2..........
Indian Penal Code, 1860, Section 420, 489B, 489C, 120B -- Fake currency notes - Independent witnesses - Some independent witnesses not examined and those examined turned hostile - Contradictions in the testimonies of official witnesses - Omissions and discrepancies are apparent in the investigation of case - Prosecution story doubtful - Accused rightly acquitted...........
