Indian Penal Code, 1860, Section 323, 324, 325, 341, 342, 447, 308, 504 -- Offence u/ss 323, 324, 325, 341, 342, 447, 308, 504 IPC - Land dispute between parties - Informant, his son and wife had received injuries during occurrence - Though injured son and wife of informant was examined medically and their injury report was also proved by doctor, but both of them not..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Charges were framed against petitioner u/s 420 IPC - There is no fresh material available on record to indicate commission of offences u/ss 465, 467, 468, 471, 120-B IPC - Application u/s 216 Cr.P.C. was moved after four years of framing of charges - It is evident that respondent No.2 has indulged in this..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Nature of offence - Conviction - Evidence of the sole eye witness, a hapless rustic illiterate woman visited with the vicissitude and tragedy of her son being fatally assaulted by co villagers before her own eyes, has withstood intensive cross examination and judicial scrutiny - It is established beyond reasonable doubt..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Cheating - Breach of contract - Mere breach of contract by any party would not attract criminal prosecution...........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Cheating - Breach of contract - Applicant not able to produce any evidence to indicate that respondents had intention to deceive applicant from the very inception - He also did not issue any notice to respondent No.1 for execution and registration of agreement to sell - Applicant has also not produced on..........
Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195(1)(a) -- Offence u/s 188 IPC - Magistrate cannot take cognizance of offence punishable u/s 188 IPC upon police report - He can take cognizance of such offence only on the written complaint of public servant whose order has been violated or on the complaint of an administratively superior..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 436, 34 -- Summoning of additional accused - Offence u/ss 436, 34 IPC - Eye witness/PW1 of incident clearly deposed that petitioners had set the house of informant to fire resulting into destruction of his house and household items - His evidence does not appear to be demolished even after his..........
Indian Penal Code, 1860, Section 307, 323, 324, 325, 504, 506 -- Attempt to murder - Complainant and PW4 are hearsay witnesses, testimony of PW3 does not inspire confidence, as he is relative of complainant - Victim was under influence of alcohol at the time of alleged incident and as per prosecution, his finger was cut in the alleged incident, but there is not an iota of..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 323, 325, 308, 34 -- Summoning of doctor - Offence u/ss 323, 325, 308, 34 IPC - Operation note was sent by Doctor and due to oversight name of doctor had not been mentioned in the list of witnesses - Examination of doctor is very much essential to reach on conclusion in the case - Order rejecting..........
Indian Penal Code, 1860, Section 279, 304A -- Accident - Rash and negligent driving - Deceased died in a road accident stands proved - However, there is no evidence on record that it is the petitioner who was driving the offending vehicle/truck on the date of incident - Conviction and sentence set aside - Accused acquitted...........
