Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Death caused by accused was not premeditated - Injuries were though sufficient in ordinary course of nature to have caused death, but accused had no intention to cause death of accused - Case thus, falls u/s 300 Exceptions 1 and 4 IPC - Accused held, liable to be convicted u/s 304(Part I) IPC and..........
Indian Penal Code, 1860, Section 376 -- Rape - Medical report of prosecutrix suggests that no rape was committed upon her - There was no external or internal injury found on the person of prosecutrix - Prosecutrix was used to sexual intercourse - Age of prosecutrix was found above 19 years as per ossification test - Offence of rape u/s 376 IPC not made out against accused..........
Indian Penal Code, 1860, Section 380 -- Theft - No recovery was made from accused - Offence u/s 380 IPC not made out against accused - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 14 -- Murder - Accused took deceased to a doctor which shows absence of intention to kill him - However, absence of intention to kill is not relevant as injuries found by PW3 on the face of deceased which were not the ante mortem injuries establish that before throwing the body of the deceased in a..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Evidence in the case was recorded after 6 years of incident - Accused alleged to have accompanied main accused, who had passed away during trial - Allegations against accused are that they had positively made prosecutrix sit on the motorcycle and taken her to village - Prosecutrix stayed with main..........
Indian Penal Code, 1860, Section 364, 376, 323, 336, 34 -- Kidnapping and rape - Oral rivalry and old enmity between parties - Prosecution story was not even plausible story even as per medical evidence - Though, there were multiple injuries found on body of prosecutrix, they were simple in nature - There was no injury on private parts - Main accused who is alleged to have..........
Evidence Act, 1872, Section 154, Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Hostile eye witness - Triple murder case - Honour killing - Unlawful assembly - Evidence of PW1 was initially recorded and she narrated sequence of events and involvement of accused in the..........
Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Triple murder case - Honour killing - Unlawful assembly - Informant initially mentioned the names of only 35 persons and 10 days thereafter he implicated 19 other persons - Accused contended that 19 persons who were made..........
Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Hostile eye witness - Triple murder case - Honour killing - Unlawful assembly - Testimonies of eye witnesses - All four eye witnesses are reliable and inconsistencies and contradictions in their evidence are trivial -..........
Indian Penal Code, 1860, Section 149 -- Common object - Unlawful assembly - If an unlawful assembly is formed with common object of committing an offence and if that offence is committed in prosecution of object by any member of unlawful assembly, all the members of assembly will be vicariously liable for that offence even if one or more but not all committed the offence -..........
