Indian Penal Code, 1860, Section 363, 366, 376 -- Reduction of sentence - Offences committed u/ss 363, 366, 376 of IPC - Incident relate back to year 2012 when appellant was 22 years old - Appellant already undergone sentence for more than 5 years, out of maximum sentence of 7 years awarded to him - To meet the ends of justice, sentence awarded to appellant reduced to..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix had given her age as 40 years - Testimony of prosecutrix corroborated by her husband - Offence committed in a millet field - Broken bangles lifted by police from the filed - Merely because no injury was suffered by prosecutrix because of dragging, her testimony cannot be brushed aside, particularly when her clothes..........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction of sentence - Considering fact that prosecutrix was aged about 40 years and age of accused is about 45 years, sentence of 10 years as awarded by trial Court is highly excessive - No reason was stated by trial Court as to why more than minimum sentence was required to be imposed - Sentence of accused reduced from 10..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Deceased was living with her children along with her brother-i, law/accused in joint family - Children of deceased stated that accused came in drunken condition and threatened to kill them - PW1 heard cries of her mother/deceased and also seen accused taking deceased towards..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Accused frequently quarreled with deceased and also assaulted her - Property dispute between accused and deceased also on record - Accused also was in greed for fixed deposit of Rs.1,20,000 which had become due payable to deceased - Motive held, proved...........
Indian Penal Code, 1860, Section 302 -- Murder - PW1 is son of deceased residing with her and accused - He was a natural witness to speak about occurrence - Evidence of PW1 is cogent and natural and is consistent with prosecution case - Non-disclosure of names of other accused by PW1 in his statement, does not render PW1's evidence untrustworthy, particularly, when PW1..........
Indian Penal Code, 1860, Section 302 -- Murder - Plea of suicide by deceased taken by accused in his defence - However, medical evidence not supported the said plea - Plea rightly rejected...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen evidence - Deceased was last seen alive in company of accused and accused did not satisfactorily explain missing of deceased - Same is a strong mitigating circumstance against accused - Last seen evidence proved...........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Non execution of sale deed - At the time of entering into agreement to sell there was no intention of accused to cheat complainant and thereby dishonestly inducing him to deliver the amount - Non compliance of agreement on later point of time may be due to many..........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Offence u/s 498-A IPC with reference to Explanation (b) of S.498-A IPC proved against accused - Held, there is no need to further prove for the purpose of S.304-B IPC, that deceased was subjected to cruelty for the purposes of dowry...........
