Indian Penal Code, 1860, Section 302, 324, 458, Arms Act, 1959, Section 27 -- Murder - Deceased died due to cut throat injury caused by accused, which was sufficient to cause death in the ordinary course of nature - Injuries were also sustained by parents of deceased - FIR registered promptly within four hours without any delay - There was no manipulation of a false story..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 396 -- Test Identification parade (TIP) - Dacoity with murder - PWs identified the accused by his bald head - However, accused was sole person in TIP who had a bald head - Sufficient precaution not taken while conducting TIP, as no effort was made to mix suspect with other under trial prisoners having bald..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Order rejecting complaint - Prosecution of Presiding officer - Letter which forms basis of complaint contains substantially correct facts and presiding officer in good faith has communicated same to concerned authority, which comes within the purview of exception to S.499 IPC - Said letter cannot be termed as..........
Criminal Procedure Code, 1973, Section 211, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 109 -- Framing of charge - Disproportionate assets - Assets on name of relative of public servant - Merely because some of disproportionate assets stand in name of no, public servants, without any element of abetment, they cannot asked..........
Criminal Procedure Code, 1973, Section 239, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 109 -- Discharge - Dismissal of application - Disproportionate assets - In the instant case, charges framed against wife of public servant for abetting her husband in accumulating disproportionate assets - However, I.O. has not come to..........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Accused is not liable to be tried again for the same offence u/s 138 of NI..........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Merely because in the complaint u/s 138 NI Act, the facts which constitute..........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Even if accused was tried in respect of one of the charges, namely, u/s 138..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between parties and during quarrel being provoked by words accused lost his mental balance and attacked his wife with vegetable cutter lying at the scene of occurrence - Accused had no intention to kill his wife, still he had intention to cause injury, which is sufficient in the ordinary..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) - Quantum of sentence - Accused a poor man having no bad antecedents - He had no intention to kill his wife and only in a quarrel out of provocation he attacked his wife with a vegetable cutter - Held, taking into account the mitigating and aggravating circumstances, sentence of accused modified from..........
