Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 504 -- Anticipatory bail - Offence u/ss 498-A, 323, 504 IPC - Appellant released on interim bail and thereafter he had remained present as and when called upon do so by Court - He is co-operating in proceeding further with trial - Interim bail granted to accused made absolute...........
Indian Penal Code, 1860, Section 498A, 506 -- Cruelty - Complainant was forcibly administered some medicine into her mouth by A-1 and A-2 to abort child in womb - When she came to matrimonial home along with child, accused persons did not allow her and it is alleged that they had threatened using machete but during evidence, complainant did not deposed regarding weapon and..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Attempt to murder - Gun shot injury - Seven empty cartridges were recovered lying at different places on the spot and were taken into possession - Doctor who had examined the injuries of PW2 stated that he had suffered four injury wounds, two each on the right and left thighs - Injuries were grievous in..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Attempt to murder - Gun shot injury - Accused fired from his service weapon AK-47 and since he was a constable in army, he was well aware that gunshot from such a weapon, if hits anyone will certainly result in causing death - There is no denial of fact that injured had sustained four injuries, two each on..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Attempt to murder - Reduction of sentence - Accused was in a discipline force - Incident is of 2010 and it had happened in a rage of anger - No minimum sentence is prescribed u/s 307 IPC - Sentence reduced to period already undergone by him...........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Age of victim is opined to be between 16-17 years as per medical examination report - Mother of victim has categorically stated that victim has never gone to any school - Defence has also not brought on record any evidence in respect of age of victim - However, there is clear cut evidence of victim girl..........
Indian Penal Code, 1860, Section 307, 341 -- Attempt to murder - PW2 and PW4 were declared hostile and have not seen the occurrence - There is no eye witnesses to occurrence - Contradictions in the depositions made by PWs in regard to place of occurrence and manner of occurrence as to how much blows of lathi was given to injured persons - There are discrepancies regarding..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Res judicata - Complainant cannot maintain a prosecution on basis of allegations which were precisely his defence in earlier proceedings wherein he was accused - Criminal proceedings quashed on this ground alone...........
Ranbir Penal Code, 1989, Section 306 -- Abetment of suicide - Deceased and husband/accused were married for about thirty years and even after second marriage of husband, deceased had been living with accused and second wife for last 12 years - There being no complaint lodged by deceased in those long years with regard to any torture etc. by accused - No incriminating..........
Indian Penal Code, 1860, Section 363, 364, 34 -- Kidnapping - Material inconsistencies in deposition of witnesses as out of 12 PWs 11 have been declared hostile - Prosecution case has not been supported by anyone other than informant himself - There is no eye witnesses to occurrence and all the PWs were declared hostile and have not seen the occurrence - Informant in his..........
