Criminal Procedure Code, 1973, Section 41A, Indian Penal Code, 1860, Section 341, 323, 354, 345D, 506 -- Arrest - Offence u/ss 341, 323, 354, 345-D, 506 IPC - I.O. is satisfied that petitioner was threatening de-facto complainant and her witnesses - Said satisfaction borne out from general diaries lodged by her and upon inquiring into such complaints - I.O. rightly..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 147, 148, 149, 323, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)X, 3(2), 4 -- Quashing of summoning order - Offence u/ss 147, 148, 149, 323 IPC, Ss.3(1)X, 3(2), 4 of SC/ST Act - Allegation that petitioners came on the spot and started firing and gave..........
Indian Penal Code, 1860, Section 347, 365, 323, 368, 34 -- Offence u/ss 347, 365, 323, 368, 34 IPC - Testimonies of PWs - PWs 1 and 2 made improvements in their statement from their statement recorded by police including variations from complaint, which forms basis of registration of FIR - Variations in relation to material particulars in the testimony of PWs - Even..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354, 341, 323, 294, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section (1)(x)(xi) -- Discharge u/s 354 IPC and S.3(1)(x)(xi) of 1989 Act - It is apparent from FIR that opposite party Nos.2 & 3 intentionally insulted and intimidated petitioner with intention to..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 143, 341, 323, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(x) of SC/ST Act and Ss.143, 341, 323 IPC - Quashing of FIR - Incident took place in the night at riverbed - Complainant himself stated that no other person witnessed the..........
Indian Penal Code, 1860, Section 323, 498A -- Charge framed u/s 498-A IPC - Charge not proved - However, accused convicted u/s 323 IPC - Main ingredient of both provisions is voluntarily causing hurt - Offence u/s 323 is minor as compared to S.498-A IPC - Evidence establishing offence u/s 323 IPC - Conviction is proper...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, 3(2)(Va), Indian Penal Code, 1860, Section 323, 341 -- Anticipatory bail - Appeal against order rejecting application for anticipatory bail - Appeal u/s 14(1) of Act of 1989 is appealable - As offences in question are bailable, bail granted to accused in the facts and circumstances of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 377, 323, 328, 506 -- Anticipatory bail - Rape by father-i, law - There were constant disputes in the family and number of complaints were made to police from both sides - Despite repeated complaints by prosecutrix there is no allegation whatsoever against petitioner having committed rape..........
Indian Penal Code, 1860, Section 498A, 323, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 498-A, 323 IPC - Benefit of probation - There is no minimum sentence prescribed u/ss 498-A, 323 IPC, thus provisions of P.O. Act applies to the same...........
Indian Penal Code, 1860, Section 307, 323, 341, 147, 148, 149 -- Attempt to murder - Common object - 48 persons intercepted victim, when he was proceedings on a motor cycle - Victim received 9 injuries on his body - All the injuries inflicted on the hands and legs of victim and none were found on the vial part of body - No medical evidence that injuries were sufficient in..........
