Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Occurrence took place in the heat of moment and assault was made without premeditation at the spur of time - Genesis of occurrence was loud playing of a tape recorder in the house of deceased objected to by accused - Verbal argument ensued between parties and accused rushed across to his house came..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty upon husband - Filing of false complaint against husband u/s 498-A IPC and registration of a crime against him and admission made by wife that she herself and her children turned hostile to prosecution resulting acquittal of husband would prima facie show the way in which he was subjected to cruelty..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 417, 166, 167, 218, 120B -- Cheating - Criminal conspiracy - Quashing of proceedings - Allegations made against accused are very generalized insinuations - It is alleged that accused is a part of conspiracy but not an iota of evidence produced in support of same - Similar allegations were made against other accused..........
Indian Penal Code, 1860, Section 84, 302, 307, 374 -- Unsoundness of mind - Murder - Defence of insanity - Appellant charged of throwing two boys and one girl into well, out of which one boy and a girl were dragged out but one boy could not be traced - Evidence of doctors who treated accused stated that she was suffering from mental disease known as premenstrual stress..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Attempt to murder of injured witnesses - Recovery of weapon - A-1 gave confessional statement on the basis of which weapon of offence was seized - Witnesses of recovery admit their signature on mahazar but they stated that they had not seen the recovery of material objects - Recovery of weapon of offence though not..........
Indian Penal Code, 1860, Section 302, 307, 100 -- Murder - Attempt to murder of injured witnesses - Right of self defence - Defence does not have a case that injured witnesses had come with any weapons - Accused were not injured in any manner - What was the reason for A-1 coming with a chopper when his name was called by deceased, definitely, he had an intention to commit..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Attempt to murder of injured witnesses - Deceased and PW2 sustained severe injuries during incident clear from evidence of PW1, PW2, PW16, PW19 and said fact is corroborated by medical evidence of Doctor, PW8, PW9 and PW13 - Some omissions and contradictions in testimony of injured witnesses were there with reference to..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - There was previous confrontation between two groups - But when one of groups comes to the residence of member of other group and even assuming that their intention was to create a further problem, suddenly attacking those persons, who were not having any weapons with them with a chopper and inflicting..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife levelled allegations of demand of dowry and cruelty against husband, which have been established by conviction of husband for an offence u/s 498-A IPC - Merely because parents of husband acquitted in said case, is no ground to arrive at a conclusion that wife left matrimonial..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379 -- Dismissal of complaint - Quashing of order - Offence u/s 379 IPC - In the complaint crucial details i.e. date of commission of theft not mentioned - Date of theft disclosed for first time in preliminary evidence as adduced by complainant, wherein it was alleged that offence of theft was..........
