Indian Penal Code, 1860, Section 149, 325, 323, 148 -- Unlawful assembly - 17 out of 20 accused acquitted by trial Court - It was not the case of prosecution that there are other unnamed or unidentified persons other than one who are charge-sheeted and faced trial - Accused held, not liable to be convicted u/ss 323, 325 IPC with the aid of S.149 IPC...........
Indian Penal Code, 1860, Section 307, 323 -- Attempt of murder - Complainant who is star witness of prosecution failed to disclose before Court as to which part of his body received blow by accused - Even, complaint was silent as to how many blows received by complainant on any specific part of body - Evidence of doctors does not tally with injuries disclosed by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 427, 447, 379, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(G)(S), 3(2)(S)(A) -- Quashing of FIR - Compromise - Offence u/ss 427, 447, 379 IPC and Ss.3(G)(S), 3(2)(S)(A) of SC/ST Act - Dispute between parties has already been settled amicably - Complainant..........
Indian Penal Code, 1860, Section 420, 409, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Misappropriation of money - Quashing of charges - Allegation that amount of Rs.2,85,600 was withdrawn under joint signatures of petitioner and co-accused - Money was handed over to Ex Gram Pradhan by co-accused - Case of petitioner is at better footing than co-accused..........
Indian Penal Code, 1860, Section 363, 376A, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping, rape and murder - Modification of sentence - Death sentence converted by High Court into life imprisonment till natural life of accused - However, without disturbing findings recorded by Courts below to conviction of accused, life..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 326, 323, 148, 149 -- Anticipatory bail - Petitioner also involved in case of intermediate quantity under NDPS Act and is on bail - Previous criminal history of petitioner would not come in the way for getting bail - Without commenting on merits of case, petitioner makes a case for bail - Bail..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 463, 464 -- Quashing of FIR - Forged document - FIR discloses commission of cognizable offence, which requires to be investigated - Meticulous appreciation of material is not required to be done at this stage - There is no ground for quashing FIR - Petition for quashing FIR dismissed...........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Settlement - Where marital discord between parties is settled and they are living together while leading a happy conjugal life, conviction u/s 498-A IPC not sustainable...........
Indian Penal Code, 1860, Section 300 -- Exception II - Right of self defence - Plea of self defence on an exception appended to S.300 IPC on the strength of evidence available on record is open to be raised at the appellate stage...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Provocation for sudden fight and quarrel was triggered by deceased who protested by advancing towards accused and heat of passion multiplied on his opening the first fire - Accused did have knowledge of fatality of firearm injury but sudden provocation and aggression suppressed the element of..........
