Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Competent authority - Power u/s 438 IPC can be exercised either by High Court or by Session Court - District Council Court is not a Session Court and it cannot exercise powers of Session Court - District Council Court therefore, has no power to entertain or grant pre-arrest bail u/s 438 Cr.P.C...........
Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - Forcible administering of poisonous substance - Entire case sought to be made by PW3 about her being poisoned was disproved by forensic evidence - PW3 made several improvements in her statement - Previous to incident there was no complaint regarding cruelty by PW3 - FIR was registered only after statement of PW3 was..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302 -- Anticipatory bail - Double murder - Election dispute - Session judge rejected anticipatory bail filed by accused - However, High Court without appreciating nature of offence and gravity of accusations against accused persons, enlarged them on anticipatory bail - High Court ought not to have..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 499, 500 -- Public servant - Sanction for prosecution - Act of defamation does not come within purview of official duty and therefore, sanction for prosecution u/s 197 Cr.P.C. is not required...........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Magistrate in a private complaint against SHO and other police officials called for status report - SHO filed status report which was alleged to be scandalous and defamatory - Complaint filed for offence u/ss 499/500 IPC - No prima facie case to show that reputation of complainant was harmed due to contents of..........
Indian Penal Code, 1860, Section 29, Evidence Act, 1872, Section 3 -- document - Matter expressed or described upon substance may be a document but not the substance over which the matter is expressed or described...........
Indian Penal Code, 1860, Section 84 -- Insanity - Law presumes every person to be sane unless contrary is proved - Burden of proving insanity lies upon accused who claims to be insane - Fact of insanity is to be decided on preponderance of probability - Insanity is not to be proved beyond reasonable doubt to get acquittal...........
Indian Penal Code, 1860, Section 302, 84 -- Murder - Plea of insanity - No evidence on record to prove insanity of accused - No doctor examined accused regarding his insanity - Requirements of giving benefit u/s 84 IPC are not fulfilled by accused - Plea of insanity not acceptable...........
Indian Penal Code, 1860, Section 302, 324 -- Murder - Accused attacked deceased with axe and caused fatal injuries on her neck - Husband of deceased PW7 rushed towards deceased on hearing her cries and tried to save her but accused already gave her two injuries which resulted into her death on the way to hospital - PW3 & PW4 supported version of PW7 that accused killed the..........
Indian Penal Code, 1860, Section 419, 420, 468, 471, 120B -- Cheating and forgery - Criminal conspiracy - Quashing of summoning order - Dispute purely of civil nature - No allegation in complaint or in evidence of PWs that either of accused has cheated by personation to anyone - Element of dishonesty is lacking in the allegations made in complaint - No forgery appears to..........
