Indian Penal Code, 1860, Section 494 -- Bigamy - No person other than the spouse to second marriage could have been charged for the offence punishable u/s 494 IPC simplicitor...........
Indian Penal Code, 1860, Section 494, 34 -- Bigamy - Allegation against relatives/friends - In order to bring home said charge, complainant would be required to prima facie prove not only the presence of accused persons, but the overt act or omission of accused in the second marriage ceremony and also establish that such accused were aware about the subsisting marriage of..........
Indian Penal Code, 1860, Section 494, 34 -- Bigamy - Allegation against relatives/friends - A-3 and A-4 were not even alleged to be present at the time of marriage - Hence, involvement of these accused for the charge of having a common intention to commit the offence u/s 494 IPC is not established by any iota of evidence - Proceedings qua A-3 and A-4 quashed...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Allegation against relatives/friends - A-5, A-6 and A-7 witnessed the alleged bigamous marriage - However, they have no knowledge that A-1 was already married to complainant - In absence of such allegation, prosecution of said accused persons for the charge of having a common intention to commit offence u/s 494 IPC is..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Quashing of proceedings - Dispute purely civil in nature given colour of criminal prosecution alleging fraud and criminal breach of trust by misusing the tool of criminal law - Necessary ingredients of the offences punishable u/s 406 and 420 IPC not made out against accused appellants from the admitted allegations set..........
Indian Penal Code, 1860, Section 506(ii) -- Offence u/s 506(ii) IPC - Apart from a bald allegation made by complainant that A-1 abused him and intimidated him, there is no material which can show that accused indulged in criminal intimidation of complainant so as to justify invocation of offence punishable u/s 506(ii) IPC - Proceedings quashed...........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Complainant alleged that accused abused him by using profane language - S.294(b) IPC would clearly not apply to such an act...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in the heat of moment - There was no premeditation and there was only a sudden fight in the heat of passion, therefore side of informant suffered - Circumstances in which the incident took place, nature of weapons which were used, injuries which had occurred and provocation etc.,..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Sentence - Incident is of the year 1979 - Accused have suffered much and they have undergone the trauma of being convicted persons for almost 41 years - Punishment of imposing a fine of Rs.5000 would be sufficient punishment for accused persons...........
Indian Penal Code, 1860, Section 447, 427, 294, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 447, 427, 294, 506, 34 IPC - Quashing of FIR - Complainant was not sure about the date of commission of alleged offences - No reason given for delay of 39 days in lodging FIR - Allegation levelled by complainant that accused demolished the boundary wall..........
