Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Allegations against accused is that they harassed deceased - No other material is on record which indicates abetment - Offence u/ss 306, 34 IPC not made out against accused...........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Production of an injury report is not a sine qua non for establishing case for offence u/s 323 IPC...........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Causing bodily pain can be said to be causing hurt u/s 323 IPC...........
Indian Penal Code, 1860, Section 147 -- Rioting - Use of force even though of slightest possible character by any one member of assembly, once established as unlawful, constitutes rioting...........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Accused persons were named right from very beginning of lodging FIR and were specially named by all witnesses and/or fully supported case of prosecution - Even, some of accused sustained injuries and they have failed to explain their injuries in their statements u/s 313 Cr.P.C - Presence of accused at the time..........
Indian Penal Code, 1860, Section 147 -- Rioting - Accused persons are found to be members of unlawful assembly in prosecution of common object i.e `to snatch voters list and to cast bogus voting' - Active participation of accused at the time of incident has been established and proved by prosecution by examining independent witnesses and injured witnesses - All accused..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(4), 3(15), 3(5) -- Sanction for prosecution - Cheating - Forgery - Official work assigned to accused fell within his domain of work - Role assigned to accused in the case is..........
Indian Penal Code, 1860, Section 302 -- Murder - Incident occurred in presence of two eye witnesses who were acquainted with both the accused - I.O has objectively determined spot by preparing spot map - Chemical examination report shows that grass leaves, straw, Bamboo Kani, torn cloth seized from spot were stained with human blood - This aspect in fact corroborates..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Independent witness corroborated the prosecution case that deceased was subjected to torture by accused on demand of money - De facto complainant also corroborated the prosecution story in his evidence - Incident of torture was also corroborated by local disinterested witnesses - There is direct..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Bail during pendency of appeal - Cancellation of - Accused was involved in an offence u/s 302 IPC during period when his sentence was suspended - Despite the order u/s 319 Cr.P.C, accused evaded his arrest in contravention of warrant of arrest which was issued by ASJ - Criminal antecedents..........
