Indian Penal Code, 1860, Section 302 -- Murder - Minimum sentence - Any punishment less than imprisonment for life for offence punishable u/s 302 IPC would be contrary to S.302 IPC...........
Indian Penal Code, 1860, Section 302 -- Murder - Sentence - Reduction of sentence by High Court to sentence already undergone by accused which is less than imprisonment of life is contrary to S.302 IPC and is unsustainable...........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Prima facie there is no evidence which implicate accused directly/indirectly connected to commission of crime - Accused not in any manner facilitated co-accused either in creating or in fabricating alleged forged degree of B.Ed..........
Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 177 -- Jurisdiction - Offence u/s 494 IPC - Court within whose jurisdiction second marriage is performed has jurisdiction to try case - Complaint filed at place `R' where wife is permanently residing with her parents - Court at place `R' lacks jurisdiction to try the case, hence complaint quashed...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused had no intention to cause injuries to deceased so as to cause his death - He had committed the alleged act with the knowledge that such act was likely to cause death - Case of accused thus, fall u/s 304(Part II) IPC and not u/s 302 IPC - Accused sentenced to imprisonment for a term of 10..........
Indian Penal Code, 1860, Section 498A, 406 -- Cruelty - Quashing of FIR - Wife had not mentioned the date on which she was thrown out from matrimonial home in FIR - Wife was not present in divorce proceedings and ex parte decree was passed against her - FIR filed only to harass and humiliate husband - FIR filed by wife is not bona fide - FIR quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Accused earlier benefited out of an illegal order of Magistrate granting bail, which though cancelled by Sessions Judge - High Court while affirming order cancelling bail granted to accused directed him not to be arrested - Process and manner in which accused was granted..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 419, 420, 477, 120B -- Dishonour of cheque - Quashing of proceedings u/ss 406, 419, 420, 477, 120-B IPC - Petitioners were never summoned for commission of offences punishable u/ss 406, 419, 420, 477, 120-B IPC - It is not the case of the..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witnesses - Parents of deceased who alleged to be eye witness to the incident had seen their son being assaulted by two persons with weapon - PW2 had allegedly fallen unconscious after seeing blood oozing from body of his son - In such situation it is difficult to appreciate these eye witnesses would go..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Fire arm injury - Death of deceased by fire arm injury is not disputed and is proved by post mortem report - Place of occurrence was outside the residence of deceased - Disappearance of empty cartridges from the spot is explained as a number of villagers had gathered on the spot and had access to place of occurrence -..........
