Indian Penal Code, 1860, Section 304(Part II), 34 -- Offence u/ss 304(Part II), 34 IPC - Numerous contradictions and inconsistencies borne from record rendering eye witnesses to be unreliable - Recovery of alleged weapons made either from open place or from an area where other persons also resided, reliance thereupon could not be made - Circumstantial evidence present on..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place at the spur of moment when hot exchanges started between parties and accused opened fire on deceased - Both the parties are related to each other and there is a land dispute between parties pertaining to right of way - Case would squarely fall within ambit of culpable homicide not..........
Indian Penal Code, 1860, Section 294 -- Offence u/s 294 IPC - Staff room is not a public place and common public or citizens do not have access to it without permission of school - In these circumstances, offence u/s 294 IPC is not made out against accused - Proceedings quashed...........
Indian Penal Code, 1860, Section 506 -- Offence u/s 506 IPC - Complainant nowhere stated that an alarm was caused to him when abuses were made against reputation of complainant - In these circumstances, offence u/s 506 IPC is not made out against accused...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 427, 458, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Quashing of FIR - Compromise - Offence u/ss 323, 341, 427, 458 IPC and S.3(2)(v) of SC/ST Act - FIR can be quashed even in offences under SC/ST Act - However, compromise must be with..........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Teeth of human being cannot be considered as deadly weapon as per description of deadly weapon enumerated u/s 326 IPC...........
Indian Penal Code, 1860, Section 325, 326 -- Nature of offence - Allegation that accused gnawed the nose of informant with his teeth - Teeth of human being cannot be considered as deadly weapon as per description of deadly weapon enumerated u/s 326 IPC - Alleged injury would fall u/s 325 IPC - However, considering the case of the year 1988 and no any other criminal..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - It is not necessary that every person constituting an unlawful assembly must play an active role for convicting him with the aid of S.149 IPC...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Cross case was registered against complainant party for injuries sustained by accused - It is not clear as to whether common object of unlawful assembly was to cause death of deceased or not - Accused did not have an intention to cause death of anybody from complainant party - It is possible that..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Deceased was an alcoholic and he used to misbehave not only with his wife but also with her family members - Incident occurred inside the house when accused lost his self control on account of persistent provocation and suddenly thrashed accused/son-in-law with bamboo stick - Deceased was living as a ghar..........
