Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 464, 228 - - Non-framing of charge u/s 376(2)(g) IPC - Evidence on record shows that prosecutrix was subjected to rape by both A-1 and A-2 - When evidence adduced by prosecution is clear that prosecutrix was subjected to rape by more than one person, act clearly falls within S.376..........
Indian Penal Code, 1860, Section 376(2)(g), 120B - - Reduction of sentence - A-1 at the time of incident was working as driver and A-2 was a singer having good reputation - Both accused were aged about 24-25 years and have no criminal antecedents and they hail from backward area - Even conduct of accused in jail was very good and satisfactory - Considering the facts and..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Deceased aged 15 years, committed suicide because he was humiliated in presence of his classmate which had a grave mental impact - He shared the same with his friend vide Instagram - FIR discloses commission of a cognizable offence - Police concluded..........
Indian Penal Code, 1860, Section 376, 504 II - - Rape - Reduction of sentence - Accused at the time of commission of offence was just above 18 years - No criminal history shown against accused - Accused is in jail for about 5 years and 3 months - In view of minimum sentence of 7 years as prescribed u/s 376 IPC and also considering fact that no physical injury was caused to..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Deceased in her dying declaration stated that incident occurred due to quarrel going on between her and her husband and he threw burning stove on her - There is no evidence of any strained relations between accused and deceased - There cannot be any issue that when a person throws a burning stove on..........
Indian Penal Code, 1860, Section 304(Part II),341,323,304,34 -- Nature of offence - Murder - As per oral evidence and other material on record, it is evident that occurrence happened in evening in continuation of altercation that occurred in morning - This shows that there was no premeditation or pre-plan to commit murder of deceased - Conviction of accused u/ss 304, 34..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - To be held guilty u/s 149 IPC, accused should be a member of assembly at the time when the offence was committed...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Mere passive witnesses and those present as a matter of curiosity without intending to entertain common objective are not guilty u/s 149 IPC...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in a spur of moment - There was quarrel between father and daughter as to where bulb is to be put on - In sudden quarrel and in spur of moment, accused threw chimney lamp on his daughter - Occurrence was sudden and there was no premeditation - Chimney lamp was burning which accused..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 406 -- Dishonour of cheque - Cheque drawn by co-accused and not applicant - Applicant has nothing to do with the business transactions in which alleged amount of Rs.2.50 lakhs was paid by complainant in order to establish business of her son - Order of summoning of applicant is erroneous -..........
