Indian Penal Code, 1860, Section 500 -- Defamation - Complaint made to SDM that a shop is put up by encroaching upon some land and that said shop put up was creating nuisance, as many anti social elements and road romeos started vising said shop and were creating all sorts of problems - No case is made out to put accused to trial for alleged offence - There is no..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471 -- Anticipatory bail - Cheating - Charge sheet has been filed without arrest of accused - Interim protection was granted to accused and there are no allegations that during period of interim protection she ever tried to influence the witnesses or temper with evidence - Bail..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 471, 468, 467, 120B, 34 -- Quashing of proceedings - Cheating - Allegation that wife allegedly left matrimonial home after 29 years of marriage with ornaments/accessories worn on regular basis being a Traditional Bengali married women, cannot be basis of a criminal case between married..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused gave blows with a stick on the head and legs of deceased after the quarrel between them - Weapon used in a crime is a stick which was lying in the house and which by no means can be called a deadly weapon - Possibility of accused causing death of deceased while being deprived of power of self..........
Indian Penal Code, 1860, Section 302, 323, 149, 148 -- Murder - Eye witnesses specifically stated about role played by each of accused - They have supported the case of prosecution - Version given by eye witnesses is fully supported by medical evidence - Merely because there are certain minor contradictions in depositions given by PWs, their version cannot be discarded and..........
Indian Penal Code, 1860, Section 376(2)(n), 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape - Compromise - Quashing of FIR - Accused and complainant entered into compromise - Parties are not inclined to proceed further in the matter - FIR quashed...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Sudden fight between accused and deceased after consuming liquor over the issue of seniority - There was no premeditation - Accused snatched a rifle of deceased in the heat of passion and fired only one bullet - There was no intention on the part of accused to kill deceased - Accused is thus, guilty..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Reduction of sentence - Accused did not misbehave with deceased earlier - PW10 admitted that accused had a nice reputation - Conduct of accused will be mitigating factor for determining sentence - Accused has undergone incarceration for a period of 9 years and approximately 3 months - He thus,..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Merely not permitting deceased to go for watching cinema is not a ground to conclude that accused had abated deceased to commit suicide...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - No marks of injury or previous torture or cruelty soon before death has been found on person of deceased by Doctor who conducted post mortem - Even there is no evidence that deceased was subjected to cruelty for demand of dowry or for any other reason - Accused had not intentionally aided..........
