Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 323 IPC and Ss.3, 4 Dowry Prohibition Act - Quashing of proceedings - High Court dismissed the application to quash proceedings by quoting principles of law to decide application u/s 482 Cr.P.C. without referring to facts..........
Prevention of Corruption Act, 1988, Section 8, Indian Penal Code, 1860, Section 420 -- Illegal gratification - Cheating - Allegation that inspectors demanded bribe from complainant and directed to pay the money to petitioner/driver of their vehicle - However, factum of demand of money by inspectors was found to be untrue and petitioner was not a driver of vehicle -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - During course of exchange of galata or quarrel between deceased and accused, accused took out a chopper and assaulted deceased - Considering the length, width and depth of the injury, accused might have knowledge that deceased may die due to such injuries, but he might not have any intention to cause..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Reduction of sentence - Accused has been in judicial custody for more than 9 years - Offence u/s 304(Part I) IPC is punishable with life or imprisonment for 10 years - Sentence already undergone by accused thus, sufficient punishment for conviction u/s 304(Part I) IPC...........
Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 302, 309 -- Extra-judicial confession - Murder of wife by husband - Accused and deceased living together - Immediately after the incident, accused rushed to PW2 and informed about the incident to her, thinking that she is the only relative residing near the house of accused - Extra judicial confession..........
Indian Penal Code, 1860, Section 302, 309 -- Murder of wife by husband - Medical evidence - Death occurred due to throttling as opined by Doctor - Whenever, throttling is established breakage of hyoid Bone always depends upon pressure factor on neck - Mere absence of fracture of Hyoid Bone, cannot be a ground to conclude that death was not a homicidal death...........
Indian Penal Code, 1860, Section 302, 309, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Accused and deceased living together at the relevant time in their house - Some quarrel between accused and deceased was occurred prior to incident - Dead body of deceased found on the said house - No explanation given by accused as to how incident had happened in the..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 148, 149, Arms Act, 1959, Section 25, 27, 54, 59 -- Summoning of additional accused - Land dispute - Complainant and his injured brother stated in FIR and in Court that both petitioners were present on the spot - Even, fire arm injury attributed to petitioner corroborated by medical evidence..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 326, 201, 212, 143, 147, 148, 341, 506(ii), 120B, 149 -- Bail - Offence u/ss 302, 307, 323, 324, 326, 201, 212, 143, 147, 148, 341, 506(ii), 120-B, 149 IPC - As per prosecution, specific overtacts are attributed to each of the accused - Even, it seems that each injured..........
Indian Penal Code, 1860, Section 304B, 302, Evidence Act, 1872, Section 106 -- Dowry death - Death by burning - Plea of accidental fire - Accused and deceased were alone in the shop at the time of incidence - According to site plan no fire crackers were found in the shop - Prosecution proved that accused gave danda blow on the head of deceased and thereafter put her on..........
