Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Act of appellant not premeditated but is a result of sudden fight and quarrel in the heat of passion - Accused had knowledge that such an act can result in the death of deceased, but there was no intention to kill deceased - Finding converted from S.302 to S.304(Part II) IPC and accused sentenced to..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304, 506, 34 -- Summoning of additional accused - Offence u/ss 304, 506, 34 IPC - PWs 1 to 4 specifically named petitioner and co-accused who participated in the assault on deceased - There is thus, prima facie evidence to summon petitioner for trial in question - Application rightly allowed...........
Indian Penal Code, 1860, Section 376(2), 377, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of proceedings - Acquaintance between prosecutrix and accused started in the year 2011 - Physical relationship commenced in 2012 and continued till 2017 - It is..........
Indian Penal Code, 1860, Section 34 -- Common intention - When S.34 IPC is applied then each of accused should be convicted under the same provision and awarded the same sentence...........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of summoning order - Complainant purchased land from co-accused - Accused acted as a broker in the execution of deal - He was neither the executant nor witness to the sale deed - No allegation that accused had entered into a criminal conspiracy with any other..........
Indian Penal Code, 1860, Section 500 -- Defamation - Publication of news article in good faith and in exercise of Fundamental Right of Freedom of Speech and Expression enshrined u/art 19(1)(a) of Constitution, does not warrant prosecution of accused u/s 500 IPC...........
Indian Penal Code, 1860, Section 302 -- Murder - Required materials for murder include intention, cause of death (the act has to be done with the knowledge that the act may cause the death of another) and bodily injury (there must be intent to cause such bodily injury as is likely to cause death)...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Deceased/wife was living with her parents and accused/husband approached PW1 and requested him to send deceased - However, deceased not intended to go along with her husband/accused - Therefore, in a sudden provocation, in a spur of moment, accused went inside the house, picked up an axe and hacked..........
Indian Penal Code, 1860, Section 448 -- Trespass over a plot - Offence u/s 448 IPC is not made out as S.448 IPC applies only when there is trespass in the house...........
Indian Penal Code, 1860, Section 506 -- Offence u/s 506 IPC - Mere utterance of expression of any word without any intention to cause any alarm will not be sufficient for the offence u/s 506 IPC...........
