Indian Penal Code, 1860, Section 307, 326, 341, 506B -- Attempt to murder - Kind of weapon used in the offence i.e small scissors will not fall within S.307 IPC - There is no pre-planned act as per fight on record - PW6, PW7 and PW8 were declared hostile - As per injury report there was a scratch below neck, incised wound on left thigh and a small cut below ribs - Offence..........
Indian Penal Code, 1860, Section 323, 325, 307, 148, 149 -- Offence u/ss 323, 325, 307, 148, 149 IPC - Free fight between parties - Dispute between parties was with regard to use of passage - Nothing on record that accused were stated to be aggressors or they had gone to place of incident with their pre determined mind - In the fight normal agricultural implements were..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred in the house of PW1 when only accused and deceased were there - Accused used the spade which was very much available in the house of PW1 - No evidence to establish that accused had any motive to commit murder of her own father - Prosecution has utterly failed to establish that act..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Except the bald statement regarding use of abusive language or scolding, no other live link was brought on record to establish direct connection of accused with act of suicide by deceased - Accused discharged from charge u/s 306 IPC...........
Indian Penal Code, 1860, Section 376(1) -- Rape - Victim stated that when she was sitting on front seat of car, driver of vehicle committed rape on her - However, without consent applying force on woman that too when she was sitting on front seat of car is manually and physically not practicable, particularly when there were several persons in the garden and other persons..........
Indian Penal Code, 1860, Section 392 -- Offence u/s 392 IPC - Case is not proved in terms of recovery of articles from accused - No such inventory has been made in pursuance of said complaint - Even, in complaint detailed particulars of articles are not indicated - Benefit of doubt thus, given to accused - Accused acquitted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Suicide note of 11 pages describes in sequence all facts and circumstances - Suicide note gives an impression that deceased was being harassed by accused and he felt insulted and frustrated to such an extent that he was forced to take such extreme..........
Indian Penal Code, 1860, Section 376 -- Rape case - There is no inflexible mandate u/ss 26(a)(iii) proviso and S.327(2) second proviso Cr.P.C. as regards trial of matters u/s 376 IPC to be dealt with by a Court presided over by a woman judge...........
Indian Penal Code, 1860, Section 376(2)(j), 376(2)(n), 366 -- Rape - Voluntary and consensual relationship - Uncertainty relating to age of prosecutrix raises a benefit of doubt in favour of accused - Accused acquitted...........
Indian Penal Code, 1860, Section 498A, 406, 323 -- Cruelty - Allegations against father-in-law and mother-in-law - No specific allegation levelled against petitioners with regard to cruelty - Wife herself stated that just after the marriage she went alongwith her husband to Malaysia and was continuously ill-treated by husband - FIR qua petitioners quashed...........
