Indian Penal Code, 1860, Section 427, 452, 323, 506, 34 -- Offence u/ss 427, 452, 323, 506, 34 IPC - Material contradictions and inconsistencies found in statements of PWs - Prosecution story appears to be doubtful and untrustworthy - All the PWs given all together different version regarding infliction of injuries on complainant and his son - More so, PW3/son of..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Quashing of investigation and proceedings in FIR - No material found in investigation to connect petitioner with crime - Only allegation against petitioner is that he abetted the offenders - Offenders against whom police filed charge sheet stands acquitted by Court, hence no offence whatsoever is made out against..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred without any premeditation in a sudden fight in heat of passion upon a sudden quarrel, when deceased attempted entry into house of accused and attempted to assault and molest his wife - Accused neither take any undue advantage nor acted in a cruel or unusual manner - Act of accused..........
Indian Penal Code, 1860, Section 304(Part I), 100 -- Offence u/s 304(Part I) IPC - Right of private defence - Accused himself took the defence that he assaulted deceased in exercise of his right of private defence when deceased allegedly intrude inside his house and attempted to assault and molest his wife - One injury was caused to deceased, which was sufficient to cause..........
Criminal Procedure Code, 1973, Section 437(2) -- Re-arrest of accused - After granting bail - Magistrate has power to order re-arrest accused in the event of subsequent addition of provisions of no, bailable offences under IPC and for this, cancellation of earlier bail is not at all necessary...........
Indian Penal Code, 1860, Section 304B, 498A, 34, 302 -- Dowry death - Framing of charge u/s 302 IPC - Offence u/ss 304-B, 498-A IPC - Alternative charge u/s 302 IPC added without assigning any cogent reason - Framing of charge u/s 302 IPC set aside...........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Cheating - Agreement to sell - Dispute cannot be said to be civil nature as on the date of agreement to sell property was already mortgaged with bank which fact was concealed - Fact that accused surrendering land with Municipal Council and obtaining patta for said land was also concealed by accused - No..........
Indian Penal Code, 1860, Section 366 -- Kidnapping - Statements of PW1 and PW2 shows that both are not eye witnesses and statements given by both of them come in the purview of hearsay evidence, which has no value - Prosecutrix was not examined before trial Court as she was dead at that time - Charge of offence u/s 366 IPC not proved - Even otherwise, incident is of the..........
Indian Penal Code, 1860, Section 302, 307, 341, 324 -- Murder - Intention of a person is gathered with reference to circumstances surrounding actual act...........
Indian Penal Code, 1860, Section 302, 307, 341, 324 -- Murder - Testimony of injured eye witness - PW1, an injured eye witness specifically alleged that accused inflicted repeated knife blows on deceased with intention of killing him, due to enmity - He further stated that all the accused attacked them in furtherance of common intention of killing - Testimony of PW1 is..........
