Indian Penal Code, 1860, Section 364, 302, 34 -- Abduction and murder - Common intention - Circumstantial evidence - Accused convicted on the basis of following circumstances: (i) Motive was against deceased due to his not agreeing to proposal of marriage of co-accused with his daughter; (ii) accused and co-accused both being cousins, knew each other very well; (iii) both..........
Indian Penal Code, 1860, Section 279, 337, 304A -- Rash and negligent driving - Fatal accident - Collusion between two trucks - Sudden breakdown vis-a-vis break pipe of offending vehicle is proved on record - Accused losing control over offending vehicle due to such mechanical breakdown - He was thus, not negligent while driving, as there was mechanical breakdown of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder of wife by husband - Accused were persistently making demand of dowry from deceased and her family members and they used to harass her for such cause - Story of suicide as propounded by accused is wholly unreliable, as it is difficult for a person to commit suicide by using DBBL gun and that too by firing 7 gun shots one..........
Indian Penal Code, 1860, Section 191, 193, 199, Criminal Procedure Code, 1973, Section 340, 195 -- Perjury - Giving false evidence - Petitioner stated in complaint that respondent being a public servant has given false evidence in different cases before various Courts and sought for initiation of criminal action for perjury against her u/ss 191, 193, 199 IPC - However to..........
Indian Penal Code, 1860, Section 302, 452, 147, 148, 149, 506, Evidence Act, 1872, Section 8 -- Murder - Unlawful assembly - Circumstantial evidence - Motive - There was previous quarrel between accused no.4 and deceased and deceased slapped accused no.4 near a grocery shop in village, which is alleged to be motive for crime - However, prosecution not proved said fact by..........
Indian Penal Code, 1860, Section 302, 452, 147, 148, 149, 506 -- Murder - Unlawful assembly - Circumstantial evidence - Accused allegedly assaulted deceased with deadly weapons on his hands and legs while dragging him for about 2 km from his house to fields, which led to his death - Weapons used in crime were stated to be sword, sticks axe and pipe - However, no..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - False promise of marriage - Prosecutrix admittedly was married and not legally divorced from her husband - During subsistence of earlier marriage there could be no promise of marriage to accused - Allegation that fraud was played on prosecutrix for receiving consent..........
Indian Penal Code, 1860, Section 307, 323, 324, 34 -- Attempt to murder - Reduction of sentence - Incident occurred in 1998 and almost 20 years have passed - Seven injuries were noticed by doctor on the body of injured but all the injuries are not very serious in nature - Injured survived leaving no disability much less permanent on his body due to causing of injuries and..........
Indian Penal Code, 1860, Section 307, 323, 324, 34 -- Attempt to murder - Role and involvement of A-2 is not established beyond reasonable doubt while inflicting injuries to injured witness - A-2 acquitted...........
Indian Penal Code, 1860, Section 366 -- Abduction - Mere abduction not sufficient for an offence u/s 366 IPC - It must be proved that accused abducted woman with intent to compel her to marry against her will or to force or seduce her to illicit intercourse...........
