Criminal Procedure Code, 1973, Section 407, Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 323 IPC and Ss.3 & 4 Dowry Prohibition Act - Transfer of case - Inconvenient for all family members to attend Court - If case is transferred it will cause inconvenience to respondent No.2 - In matter of transfer of a case..........
Indian Penal Code, 1860, Section 323, 307, 302 r, w S.149 -- Accused allegedly caused death of two persons and gave injuries to other two by assaulting them with means of kulharis and lathis - Name of witness who was examined to prove origin of fight not mentioned in FIR - Statement of witnesses beset with manipulations and modulations - Independent and important witness..........
Criminal Procedure Code, 1973, Section 2(d),155(2), Indian Penal Code, 1860, Section 323,504,506 -- Offence u/ss 323, 504, 506 - Police after investigation submitted report disclosing commission of non cognizable offence - Investigating Officer shall be deemed to be complainant - Charge sheet to be treated as a complaint and procedure of complaint case to be followed -..........
Indian Penal Code, 1860, Section 323, 324, 34 -- Voluntarily causing hurt with common intention - Beating with sticks - Agricultural land main cause of dispute - Police neither got the land in dispute demarcated nor obtained revenue papers - Accused claimed that civil litigation pending and that they had obtained stay - Fact of litigation admitted by complainant - Accused..........
Indian Penal Code, 1860, Section 451, 506, 323 -- Accused, four in number, armed with sticks and went to house of complainant - Evidence of eye witnesses proved that accused intimidated and assaulted complainant by causing simple injuries with sticks - Medical evidence supported ocular version - Held, all accused are guilty of offences u/ss 451, 506 and 323 Indian Penal..........
Indian Penal Code, 1860, Section 452, 323 -- House tress pass and assault - Allegation of informant that accused when attempted to commit rape of his wife, he rushed and tried to prevent him, to which there was scuffle between him and accused - Accused in order to got rid of, assaulted on head of informant with butt of pistol and escaped - Wife of informant did not support..........
Indian Penal Code, 1860, Section 493, 323 -- Offence u/ss 493, 323 IPC - Conviction - In instant case prosecutrix denied to be legally married wife of appellant - Even after acceptance of complainant as his wife without observing any ritual, complainant denied cohabitation after that - Therefore, conviction u/s.493 IPC would be unsustainable in law as such conviction would..........
Indian Penal Code, 1860, Section 323,354 -- Hurt and outraging modesty of woman - Accused allegedly caught hold of complainant from her breast and torn out her clothes - Medical evidence in tune with complainant version - Contention of accused that husband of complainant had lodged case of theft against accused and thereby pressurizing accused, repelled - Held,..........
Probation of Offenders Act, 1958, Section 4(1), Criminal Procedure Code, 1973, Section 307, 361, Indian Penal Code, 1860, Section 323, 325 -- Allegation that accused caused injury - No grievous injury found on any vital part of the injured - Accused not previous convict - No special reason assigned by Court while disallowing benefit of probation - Offence u/s 325 IPC is..........
Indian Penal Code, 1860, Section 498A, 406, 323, 120B, Dowry Prohibition Act, 1961, Section 3, Criminal Procedure Code, 1973, Section 177, 482 -- Dowry demand - Wife forced to leave matrimonial home and she came to her parental home where she received threatening telephone calls - Court at the place of parental house has jurisdiction - No ground to quash FIR...........
