Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Instigation - 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 -- Abetment of suicide - Death by poisoning - In a case of death due to consumption or administering of poison or insecticide or pesticide, be it homicidal or suicidal, recovery of the trace of such poison or insecticide or pesticide is crucial...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by poisoning - Post-mortem examination report indicated multiple injection marks over the front of both the elbows of deceased - However, quantity of the poison in the viscera of blood of deceased was not mentioned in the FSL report - Doctors who had treated the deceased in the first nursing home and later..........
Indian Penal Code, 1860, Section 354A, 509 -- Outraging modesty of women - Addressing an unknown lady, whether a police constable or not, on the street by a man, drunken or not, with the word `darling' is patently offensive and word used is essentially a sexually coloured remark - Conviction, upheld...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - FIR has been lodged after due deliberation and at the instigation of inimical parties in the village - No direct evidence or eye witness of the incident - Chain of incriminating circumstances against accused not complete - Accused was not last seen in the company of deceased..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused killed deceased by giving a Dau blow - Body and head of deceased were separated, which shows force with which blow had been dealt - Dau in question was recovered at the instance of accused when he led the police and others to the place of recovery - Eye witnesses stated that accused was a habitual drunkard - Evidence..........
Indian Penal Code, 1860, Section 377 -- Offence u/s 377 IPC - Mere non-existence of any injury could not ruled out commission of an offence u/s 377 IPC...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 377 -- Quashing of proceedings - Offence u/s 377 IPC - Magistrate after hearing prosecution arrived at the conclusion that on the basis of evidence collected by I.O, prima facie case u/s 377 IPC was made out against accused - Therefore, he took cognizance u/s 377 IPC in addition to other..........
Indian Penal Code, 1860, Section 342, 354, 306 -- Nature of offence - PWs established that victim was pulled and confined to the room for few hours - Conviction u/ss 354, 306 IPC in the absence of any cogent evidence and material is not sustainable and thus, set aside - However, conviction u/s 342 IPC is maintained...........
Indian Penal Code, 1860, Section 342 -- Offence u/s 342 IPC - Sentence - Accused has remained in jail during trial for about 20 days and after conviction till the jail sentence was suspended he remained in jail for a period of about three months and 20 days - Incident took place in 1997 and accused was on bail during trial and also during appeal - No purpose would be..........
