Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Incident occurred on the spur of moment after some altercation between parties - There is no premeditation or intention to kill deceased - Death resulted due to injury in quarrel - Case fall u/s 304(Part II) IPC - Sentence altered from 10 years to 6 years with default sentence of three months...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 307, 420, 323, 120B, 328, 354, 34 -- Discharge - Rape - Consenting party - At this stage it cannot be concluded that complainant was a consenting party as it has to be ascertained only after a full fledged trial - Moreover there are no material to come to a finding that accused truely..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Offence u/ss 341, 395 IPC - Petitioner is a young boy of less than 16 years - He is confined in observation home in connection with offence alleged - Matter is pending investigation - Apprehension expressed regarding likelihood of petitioner coming into contact with other..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7 -- Anticipatory bail - Offence u/s 120-B IPC and S.7 of P.C. Act - Charge sheet has been submitted - Cognizance of case also taken - Applicant not appeared before Court concerned - Process of bailable and non-bailable warrant were issued on..........
Indian Penal Code, 1860, Section 279, 337, 338 -- Accident - Rash and negligent driving - Reduction of sentence - Incident took place i.e more than 26 years ago - Accused was on bail, throughout - Looking to the facts and circumstances of the case specially fact that 26 years have elapsed from incident, sentence of 6 months as awarded u/ss 279, 338 IPC substituted by fine..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder of wife by husband - Circumstantial evidence - Extra judicial confession - PW8 stated that accused has stated before him to have killed deceased due to her loose character - However, circumstances as stated by PW8 that local villagers were assaulting accused and out of fear he confessed to have..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Circumstantial evidence - Recovery of weapon of offence - I.O seized the weapon of offence from the spot - Though as per evidences of PW4 and other witnesses, same was found with blood stained but upon forensic examination of same, no blood stain was found from weapon - It is not the case of prosecution..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Circumstantial evidence - Circumstances as evinced from statement of witnesses are not forming the chain complete to point guilt of accused - Except the circumstances that accused and deceased are husband and wife and they were present in the house of informant at the time of occurrence, nothing more can..........
Indian Penal Code, 1860, Section 489C -- Counterfeit currency notes - Accused apprehended with 350 fake notes each note of Rs.2000 denomination - PW1 identified accused on dock and stated that counterfeit notes were recovered from accused and same was seized by sub-inspector - Defence objected to the place of occurrence - Same is no relevance as no doubt is created..........
Indian Penal Code, 1860, Section 489B -- Counterfeit currency notes - No evidence surfaced in the case regarding involvement of any other person except the present appellant - In absence of the same, Court will not presume charges u/s 489-B IPC - Conviction and sentence set aside - Accused acquitted u/s 489-B IPC...........
