Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Murder had taken place in a residential locality and deceased was a well known person and a local politician - Presence of huge crowd assembled at the spot - Field unit was stayed at the spot after the incident - Lapse on part of field unit in no, mentioning name of deceased would not justify..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Claim of parity - Co-accused acquitted, as he used a local fire arm but police had not recovered empty cartridges or pellets from spot - Post mortem also does not refer to any pellet injuries - He was given a benefit of doubt - Accused not entitled to same benefit and thus rightly convicted...........
Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - Date, year and time etc. of alleged dowry demand as well as manner of torture not mentioned - No supportive evidence as regards such payment of dowry except herself - Her father and other family members not examined in support of her statement that she was subjected to torture and about such payment - None of witnesses..........
Indian Penal Code, 1860, Section 326, 34 -- Offence u/ss 326, 34 IPC - Accused caused grievous injury to injured as per statements of injured and doctor - Offence u/ss 326, 34 IPC is made out against accused - Accused rightly convicted...........
Indian Penal Code, 1860, Section 326, 34 -- Offence u/ss 326, 34 IPC - Reduction of sentence - Compromise - Parties entered into compromise - Incident has taken place almost two decades back - Accused already served jail sentence for some time - Sentence of accused thus, reduced to period already undergone by him subject to payment of Rs.25,000 to injured as compensation...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Indian Penal Code, 1860, Section 506, 34 -- Caste based remarks over mobile phone - Alleged conversation over mobile phone not in public gaze nor witnessed by any third party - Held, alleged use of caste words cannot be said to have been committed within the public view -..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420, 417, 405, 120B, 34 -- Direction to investigate - Cheating - Dispute between parties is non-sharing of profits arising out of business transaction - However, there is no statement as to what was profits made by accused - Entire transaction is apparently contractual transaction and dispute..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376D, 354, 511, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 12, Information Technology Act, 2000, Section 66(E) -- Bail - Rape case - Incident occurred in 2018, but there is no plausible explanation as to why prosecutrix kept mum for almost 2 years before lodging FIR..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Reduction of sentence - Substantial period of sentence already undergone by accused - Accused is an old person and suffering from age related ailments and there is no bread earner in the family of accused - He has realized the mistake committed by him and is remorseful of his conduct to society which he..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 364, 323, 34 -- Suspension of sentence during pendency of appeal against conviction - Murder - Case of accused is on identical footing with co-accused whose sentence already suspended - Strong grounds available to accused for challenging his conviction - Hearing of appeal not likely in near..........
