Indian Penal Code, 1860, Section 307, 332, 353, Arms Act, 1959, Section 3, 25 -- Conviction - Cross-firing - False implication of accused - Appreciation of evidence - As per prosecution story when `N' and accused were running away from their house, they fired at police party, in crossfire `N' sustained gun shot and died - It is revealed that police party fired from a..........
Indian Penal Code, 1860, Section 307, 323 -- Attempt to murder - Property dispute between parties - Inconsistency found in the evidence of PW1 as well as PW5 regarding assault inflicted on injured, which make their status as an eye witness doubtful - Neither I.O nor doctor was examined - In the background of inconsistency coupled with no, examination of I.O in whose..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Offence u/s 306 IPC - There is no allegation that petitioner has compelled or abetted deceased to commit suicide - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Offence u/s 306 IPC - Outstanding amount against petitioner - Cannot be a reason to decline him bail - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 148, 149, 201, 218, 120B -- Bail - Offence u/ss 302, 307, 148, 149, 201, 218, 120-B IPC - As per prosecution, photographs coupled with report of mechanic who had inspected motorcycle and various other circumstances and discrepancies in statements of prosecution witnesses, it is evident..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Reduction of sentence - Offence u/ss 304-A, 279, 337, 338 IPC - Petitioner is a first time offender and there is no other case pending against him - Petitioner has been facing agony of criminal proceedings since 2010 - Taking into account protracted trial, antecedents of petitioner coupled with the fact that he has..........
Indian Penal Code, 1860, Section 325, 323 -- Offence u/ss 325, 323 IPC - Quantum of sentence - Victim sustained grievous injury on a vital portion of body i.e the head, which was fractured - Doctor opined that injury was life threatening - High Court was too lenient in imposing sentence of six days only which was period already undergone by accused in confinement - Since..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Asking deceased to cook properly or to do her household work properly by itself, would not mean that she was ill-treated...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Allegation that deceased was being scolded by her i, laws including her husband on the ground of not cooking properly or not doing household work - Telling the deceased to cook properly or to do her household work properly by itself, would not mean that she was ill-treated - As regarding..........
Indian Penal Code, 1860, Section 304B, 34, 201 -- Dowry death - Framing of charges - Death of deceased caused by ailments as she was suffering from severe jaundice and Hepatic failure - Death not caused due to any burns or bodily injuries and not caused otherwise than under normal circumstances - More so, family members of deceased were present at the time of funeral -..........
