Indian Penal Code, 1860, Section 149 -- Unlawful assembly - It is not necessary that every person constituting an unlawful assembly must play an active role for convicting him with the aid of S.149 IPC...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Cross case was registered against complainant party for injuries sustained by accused - It is not clear as to whether common object of unlawful assembly was to cause death of deceased or not - Accused did not have an intention to cause death of anybody from complainant party - It is possible that..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Deceased was an alcoholic and he used to misbehave not only with his wife but also with her family members - Incident occurred inside the house when accused lost his self control on account of persistent provocation and suddenly thrashed accused/son-in-law with bamboo stick - Deceased was living as a ghar..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 32 -- Abetment of suicide - Cruelty - Dying declaration - Deceased stated that conduct of mother-in-law prompted her to take extreme step - Sister of deceased was present when mother-in-law quarreled with deceased, but such material witness was withheld by prosecution - Dying declaration itself does..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witness - Presence of PW1 at time of occurrence is doubtful - PW1 stated in his cross-examination that when he came to bus stand, he saw police there and they obtained his signatures on typed complaint - Merely because PW1 stated in his examination-in-chief that a person by name of accused stabbed deceased..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of blood stained clothes of accused - Blood stains were found on the clothes of accused - No explanation given by accused for the same - Involvement of accused in the occurrence thus, drawn - However, when two views are possible that testimony of eye witness not believable and blood stained clothes of accused points..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused saw deceased/wife drenched in kerosene clearly took advantage of situation and lightened a match stick and threw it upon her so that she is burnt - He having taken undue advantage of situation cannot take advantage of benefit of S.300 Exception 4 IPC so as to bring case within ambit of..........
Indian Penal Code, 1860, Section 323, 504, 506, 427, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 504, 506, 427 IPC and S.3(2)(va) of SC/ST Act - Civil and criminal proceedings - Criminal proceedings has only been initiated by filing complaint after eviction order passed in civil proceedings - It is a..........
Indian Penal Code, 1860, Section 323, 504, 506, 427, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 504, 506, 427 IPC and S.3(2)(va) of SC/ST Act - Civil and criminal proceedings - Criminal proceedings has only been initiated by filing complaint after eviction order passed in civil proceedings - It is a..........
Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 504, 506 IPC and S.3(2)(va) of the Act - Presence of accused on the spot is not shown by informant in the FIR - Cognizance of offences in question against accused is not possible - Order of cognizance set aside...........
