Indian Penal Code, 1860, Section 379 -- Theft - Ingredients essential to constitute an offence of theft are : (i) dishonest intention; (ii) absence of consent; (iii) movable property; and (iv) possession of someone other...........
Indian Penal Code, 1860, Section 379 -- Theft - Neither complainant was having exclusive possession and ownership over property nor there appears any dishonest intention of accused in removing the crop from field - Unless there is prima facie material to show that property belongs to complainant which was removed by accused with a dishonest intention, no offence u/s 379..........
Indian Penal Code, 1860, Section 326, 324, 34 -- Nature of offence - Merely for the reason that injuries inflicted by A-2 were less than what was inflicted by A-3 and the injuries were not grievous, conviction u/s 326 IPC cannot be converted to S.324 IPC irrespective of the facts whether the injuries caused to injured persons were only on the hand...........
Indian Penal Code, 1860, Section 326, 34 -- Offence u/ss 326, 34 IPC - A-2 & A-3 had together assaulted PW1 & PW7 - They were armed with deadly weapon - Merely for the reason that injuries inflicted by A-2 were less than what was inflicted by A-3 and the injuries were not grievous, conviction u/s 326 IPC cannot be converted to S.324 IPC irrespective of the facts whether..........
Indian Penal Code, 1860, Section 323, 325, 427 -- Offence u/ss 323, 325, 427 IPC - Prosecution proved that on the date of incident, petitioner attacked PW1, PW5 as well as he hit on the head of PW4 - Statements of PW1, PW3, PW4, PW5 are corroborative to each other - There is no reason to doubt their depositions - Prosecution thus, able to prove charges u/ss 323, 325, 427..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 323, 325, 427 -- Benefit of probation - Offence u/ss 323, 325, 427 IPC - Petitioner is not a previous convict and is in jail for last three months - He is quite poor man and has two daughters and a son - They are selling flowers for their livelihood and petitioner is the only breadwinner in the..........
Indian Penal Code, 1860, Section 279, 304A, 337, 427 -- Rash and negligent driving - None of witnesses have stated as to what was registration number of vehicle involved in accident - It has not been stated by any of witnesses that petitioner was driving vehicle and was driving in a rash and negligent manner - Prosecution has tried to project that after incident,..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - If victim was above 18 years at the time of alleged offence, provision of Ss.361 and 363 IPC could not have been invoked...........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Incident is alleged to have occurred in 1997, while trial took place in the year 2005, approximately eight years after the date of incident - No identification parade was conducted in the case - Though identification by a witness for the first time in witness box would be permissible, but substantial gap of..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption - When Court want to apply S.113-A of Evidence Act, condition precedent is that there has to be first some cogent evidence as regards cruelty & harassment - In the absence of any cogent evidence as regards harassment or abetment in any form like aiding or..........
