Indian Penal Code, 1860, Section 302, 304(Part II), 149 -- Nature of offence - Death of deceased took place after about eight days of incident and cause of death is septicaemia due to ante mortem injuries - Act of appellants falls u/ss 304 Part-II, 149 IPC - Since, incident took place more than 43 years ago and now appellants are above 78 years of age, period of sentence..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 363 -- Bail - Kidnapping - Appellant being a married man aged about 37 years, induced minor girl and took her into mango grove and committed sexual assault and thereafter he took her to Dhaba and forced her to work as a labourer in said dhaba, which is unpardonable - He has received..........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Transfer of investigation from local police to independent agency i.e. CBI is to be exercised sparingly and only when there exist convincing circumstances indicating that police is unable to conduct a fair investigation...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Deceased stated in her dying declaration that in the fire incident which happened in early morning she as well as her children and husband sustained burn injuries - It happened as while sleeping on the previous night gas regulator was not properly closed as a result of which all suffered burn..........
Indian Penal Code, 1860, Section 498A, 323, 406, 506, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Matrimonial offence - Settlement - Quashing of proceedings - Once marital relationship has ended in divorce and parties have moved on in their lives individually, continuation of criminal proceedings against family members, especially in absence of specific and..........
Criminal Procedure Code, 1973, Section 91, Indian Penal Code, 1860, Section 354, 354D, 509, 201, 204, Information Technology Act, 2000, Section 67 -- Preservation of call details record and electronic data - Data sought to show relationship between accused and complainant prior to registration of FIR - Even complainant admitted acquaintance with accused since April 2020 -..........
Criminal Procedure Code, 1973, Section 91, Indian Penal Code, 1860, Section 354, 354D, 509, 201, 204, Information Technology Act, 2000, Section 67 -- Preservation of call details record and electronic data - Time-sensitive data - Data sought to be preserved would inevitably be deleted within certain time frames and further some records sought including CDRs and CCTV..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence u/s 138 of the Act can be compounded at any stage of proceedings especially when parties have themselves arrived at a voluntary compromise...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Complainant arrived at a compromise with appellant without any coercion and at his own will and voluntarily - Once complainant has signed compromise deed accepting the amount in full and final settlement of default sum, proceedings u/s 138 of the NI Act cannot be sustained..........
Indian Penal Code, 1860, Section 302 -- Murder - Body of deceased was found by police in courtyard of his own house while incident is said to have occurred near temple - Unexplained injuries on body of father and mother of deceased, admitted dispute on partition in family of deceased and lack of clarity on the exact time of death creates a reasonable doubt - Eye-witness..........
