Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 506, 382, 148, 149, 326, 379B -- Bail - Offence u/ss 307, 323, 324, 506, 382, 148, 149, 326, 379-B IPC - As per the case of complainant, only injury attributed to petitioner is on no, vital part - None of the injury caused to complainant has been declared to be dangerous to life -..........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Recovery of 976 grams heroine filled in 95 capsules - Reduction of default sentence - Substantive sentence awarded to accused is maintained - Trial Court imposed fine of Rs.1 lakh for each offence with default sentence 6 months R.I to each of accused - Default sentence modified to 1 month R.I in respect of each..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), 195(1)(b)(ii), 340, Indian Penal Code, 1860, Section 193, 471 -- In absence of complaint in terms of S.195(1)(b)(i) & (ii) r/w S.340 Cr.P.C. is filed, the petitioner cannot be prosecuted for the said offences by directing registration of offence u/ss 193 & 471 IPC and the order directing registration of above-stated..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), 195(1)(b)(ii), 340, Indian Penal Code, 1860, Section 193, 471 -- Cognizance of offence - Offence u/ss 193, 471 - It appears that petitioner is Government servant and he is said to have committed offence u/ss 193, 471 IPC in relation to Court proceedings therefore, Ss.195(1)(b)(i) & 195(1)(b)(ii) Cr.P.C. is squarely..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Complaint containing sufficient description of (i) the nature of the partnership; (ii) the business which was being carried on; (iii) the role of each of the accused in the conduct of the business and, specifically, in relation to the transactions which took place with the..........
Indian Penal Code, 1860, Section 302 -- Murder - Extra-judicial confession made by accused before PW4 - Post mortem report suggests that death of deceased was not suicidal as alleged by accused, but rather she was hanged after she had lost consciousness - Factum of commission of death by hanging corroborated by Panhchayatnama which notes that deceased was hanging from roof..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Cruelty - Dowry demand - Allegation against relatives of husband - No justification or/and prima facie case to proceed against appellants either jointly or severally for commission of offences alleged..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Fatal accident - Reduction of sentence - PWs stated that on the date of incident deceased was hit by accused while driving vehicle in rash and negligent manner, which resulted in her death four days thereafter while taking treatment in hospital - No evidence adduced by defence showing accident to be..........
Indian Penal Code, 1860, Section 302, 304(Part I) - - Accused committed the act on spur of moment in a petty quarrel with his wife/deceased - He did not have requisite mens rea to commit offence of murder - Motive of crime not proved on record - But as he is a grown up man, he knew his actions of pressing neck would cause such bodily injury which may lead to death of..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 304(Part I) - - Offence u/s 304(Part I) IPC - Husband allegedly killed his wife by strangulation - Child witness/PW7 is a star witness of prosecution, aged about 8 years at the time of examination in Court - He stated that his father/accused quarreling with his mother sat over her chest and pressed her neck..........
