Indian Penal Code, 1860, Section 312, 313 -- Offence u/ss 312, 313 IPC - Allegation that complainant was given poisonous food by appellants herein and was coerced into consuming the same - However, it is mentioned in the FIR that complainant used to live in a separate house due to alleged harassment by appellants and their son - There is not even a whisper in FIR about..........
Indian Penal Code, 1860, Section 420, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Cheating - Settlement before DRT - Quashing of proceedings - Consent terms were submitted by parties before DRT - Bank had suffered losses to the tune of Rs 6.13 Crores approximately - Hence, a substantial injury was..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302 -- Anticipatory bail - Setting aside order - Murder - Specific averments in FIR against all accused persons including respondents that all of them had set deceased on fire with an intention to kill him - High Court has erred in granting relief in a cryptic and mechanical manner without..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Offending vehicle was at such a high speed that vehicle of deceased was dragged for about 15 feet and was not just an incidental collusion - Conduct of petitioner was rash and negligent one - Petitioner had failed to give a reasonable explanation when incriminating material was brought to his notice..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Reduction of sentence - Petitioner is 48 years old doing a small business and has old aged ailing parents - He is sole bread earning member of his family and has three sons and a wife who are all dependent on him - Petitioner has no criminal antecedent - However, considering the fact that rash and..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation...........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - To attract the offence of abetment to suicide, it is important to establish proof of direct or indirect acts of instigation or incitement of suicide by accused, which must be in close proximity to the commission of suicide by deceased...........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Mere allegation of harassment of deceased by another person would not suffice unless there is such action on the part of accused which compels the person to commit suicide...........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - If acts and deeds are only of such nature which accused intended nothing more than harassment or a snap-show of anger, a particular case may fall short of offence of abetment of suicide - However, if accused kept on irritating or annoying the deceased by words or deeds until the deceased reacted or was..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - There is a clear gap of over a month between incident and commission of suicide - Prosecution has failed to prima facie establish that appellants had any intention to instigate or aid or abet deceased to commit suicide - No doubt that a young woman of 25 years has lost her life in an unfortunate incident -..........
