Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Fatal accident - Accident not occurred due to rash and negligent driving of accused - There were several potholes found on the road and due to that front wheel of offending vehicle (Maxi cab) was punctured and went on to left side of road and turtled as a result of which deceased being..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Initially there was altercation and quarrel between deceased and elder brother of accused and in course of such quarrel suddenly accused assaulted deceased - Nature of injury revealed from post mortem report and medical evidence demonstrate that injuries were caused by blunt weapon - However, it..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 324, 326, 148, 149 -- Anticipatory bail - Offence u/ss 323, 324, 326, 148, 149 IPC - It is a case of version and cross-version and the only alleged injury attributed to petitioner is on non-vital part - Even, prosecution could not convince acceptability of medical evidence which supports..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Dying declaration - Murder of wife by husband - Gunshot injury - Deceased stated that `Inhone Mujhe Mar Diya' - Word `Inhone' points to her husband, as Hindu ladies do not refer their husband by names, they devised an easiest expression to refer them as `inhone' - Deceased..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder of wife by husband - Gunshot injury - Accused is a dead drinker and used to quarrel with deceased and beat her after taking liquor - He killed deceased when she was preparing food in kitchen - Disclosure statement made by accused leading to recovery of weapon in presence of witnesses duly proved on..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Sexual assault - Court cannot convict accused for offence under IPC and POCSO Act at the same time - Special Law would prevail over general law - Since offence would be covered under POCSO Act, conviction under IPC cannot be sustained - Conviction of accused u/s 376..........
Protection of Children from Sexual Offences Act, 2012, Section 5, 6, Indian Penal Code, 1860, Section 458, 363, 366A -- Kidnapping - Sexual assault on minor girl - Accused kidnapped prosecutrix and raped her and also threaten her that if she objected he would kill her family members - Fact that prosecutrix was taken from one place to another and rape was committed by..........
Protection of Children from Sexual Offences Act, 2012, Section 17, Indian Penal Code, 1860, Section 458, 363, 366A -- Abetment - Kidnapping and sexual assault on minor girl - Accused entered house of complainant with two persons and forcibly took away prosecutrix - Name of co-accused though not appearing in FIR but subsequently his name appeared in statement recorded u/s..........
Protection of Children from Sexual Offences Act, 2012, Section 17, Indian Penal Code, 1860, Section 458, 363, 366A -- Abetment of offence - Kidnapping and sexual assault on minor girl - Reduction of sentence - Case of co-accused is different from main accused - There is no allegation against co-accused u/s 3 of POCSO Act - Sentence of co-accused thus, reduced to 7 years..........
Indian Penal Code, 1860, Section 420 -- Cheating - Wrong facts in nomination paper of election to escape disqualification pertaining to third child - Cannot be considered to constitute offence of cheating...........
