Indian Penal Code, 1860, Section 363, 511 -- Kidnapping - Removing own minor child from shoulder of wife - Does not amount to either removing minor out of custody of lawful guardian or one of kidnapping - Offence u/ss 363, 511 IPC not made out against accused - Proceedings quashed...........
Indian Penal Code, 1860, Section 448 -- House trespass - Court hall does not fall within definition of house as defined under IPC, as Court hall is a public place and entry to that hall cannot be said to be trespass - No offence u/s 448 IPC held, made out against accused...........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Attempt to murder - False case slapped against accused by police personnel's in collusion with each other - Lots of doubts are created regarding authenticity of claim of police/prosecution because of inconsistent description of PWs when applied to and compared with prevailing facts and circumstances of..........
Criminal Procedure Code, 1973, Section 198, Indian Penal Code, 1860, Section 497, 498 -- Complaint lodged by uncle of victim - Competency - Adultery - Victim was deserted by her husband and thereafter she was living with her son in the house of her uncle and from there she was enticed away by accused - Uncle of victim cannot be considered is an aggrieved person as no..........
Indian Penal Code, 1860, Section 497, 498 -- Adultery - Victim was declared hostile by prosecution - She categorically stated that accused had not enticed her away or she was compelled to have illicit intercourse with any other person - Rather, victim married accused - Even accused admitted that fact that he married victim and out of wedlock two children were also born -..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Order framing charge - Merely because petitioner helped co-accused to purchase weapon, motorcycle and spectacles, would not in itself lead to inference that petitioner also participated in crime, particularly when petitioner had no knowledge as to for what purposes said weapon, motorcycle or spectacles had been..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Summoning of additional accused - Offence u/ss 323, 504, 506 IPC and S.3(1)(x) of SC/ST Act - Complainant suffered only one bone injury that too by co-accused - Role of beating by kicks..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - Discrepancies in three dying declarations - No evidence on record that accused poured kerosene oil upon deceased and put her on fire - Presence of accused at the place of occurrence not proved by PWs - PWs being neighbours supported defence version that an accidental..........
Indian Penal Code, 1860, Section 307, 147, 148, 323, 504, 149 -- Attempt to murder - Quantum of sentence - Punishment as ordered by High Court is too low - However, having regard to fact that accused already undergone some period in jail and taking note of fact that incident occurred in the year 2007 and since parties have purchased peace, no further sentence of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 392, 397, 34 -- Bail - Offence u/ss 392, 397, 34 of IPC - Petitioner arrested only on basis of statement of co-accused - Petitioner incarcerated since 30.8.2017 - Investigation is over and charge sheet has been filed - No purpose would be served in keeping petitioner incarcerated at this stage -..........
