Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Sentence - Accused had already suffered incarceration for over 10 years - Sentence of accused thus, modified to the sentence to period already undergone by him - In addition, accused had to pay Rs.1000 as fine and in default will undergo S.I for a period of 6 months...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Goods entrusted with the Company - Managing Director of company cannot be prosecuted without company as an accused - Entrustment of goods being with the company alone, in the absence of any specific overt act on the part of Managing Director, no offence u/s 406 IPC can be made out against Managing Director..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 34, Dowry Prohibition Act, 1961, Section 3(1) -- Quashing of proceeding - Offence u/ss 498-A, 406, 34 IPC, S.3(1) of Dowry Prohibition Act - Allegations against parents of husband - Omnibus allegations has been made against family members of husband - Petitioners have been unnecessarily..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Financial settlement - FIR u/s 306 IPC cannot be quashed on basis of any financial settlement with informant, surviving spouse, parents, children, guardians, care givers or anyone else...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Even an indirect act of incitement to commission of suicide would constitute the offence of abetment of suicide u/s 306 IPC...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 147, 148, 149, 352, 323, 306, 504, 506 -- Anticipatory bail - Offence u/ss 147, 148, 149, 352, 323, 306, 504 & 506 IPC - Grant of anticipatory bail in a heinous case on the basis of CCTV footage produced by accused, without any kind of certification and/or authentication, ignoring the materials on..........
Indian Penal Code, 1860, Section 392, 397, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 392, 397 IPC - Accused are juveniles and are not stated to be involved in any other case - It is co-accused who was carrying a pistol - Accused have been behind the bars for a substantial period of 1 year - Conclusion of trial is likely to consume time in as not..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - PW7 turned hostile - Alleged recovery of incriminating material recovered at the instance of accused rejected by trial Court - As regarding extra judicial confession made by PW4, same being weak piece of evidence, cannot be relied upon unless there is some corroboration - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Acid attack - Injured sustained burn injuries on the face as per evidence of PW1 and PW2 coupled with medical evidence - Glass bottle filled with acid was used as weapon of offence and/or substance which is deleterious to human body - Ingredients of S.326 IPC are made out - Accused rightly convicted...........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Acid attack - Reduction of sentence - Punishment of 10 years imprisonment along with fine of Rs.25000 is too harsh as per offence u/s 326 IPC - Sentence reduced to 9 years incarceration with fine of Rs.2000 reason being complainant and injured would have been adequately compensated by Government as they invoked the..........
