Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307 -- Bail - Attempt to murder - As per the case of prosecution, petitioner given a severe blow to old age person of 71 years, but the fact remains that there is cross version also and a private complaint to that effect is pending before the Court of competent jurisdiction - Out of total 14..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in sudden fight and there was no pre-meditation - Iron rod is picked up at the spur of moment at the time of incident and used to compress the neck forcefully - It is nothing but an act committed by accused in a heat of passion - Having regard to nature and manner of incident, it..........
Indian Penal Code, 1860, Section 166, 167, 201, 202, 203, 204, Bombay Police Act, 1951, Section 25 -- Offence u/ss 166, 167, 201 to 204 IPC and S.25 of 1951 Act - Complaint filed on the basis of adverse observations made by Additional Sessions Judge in murder case against respondent who investigated the case - Accused in said case filed criminal appeal in High Court..........
Indian Penal Code, 1860, Section 304A, 279 -- Offence u/ss 304-A, 279 IPC - Plea that no test identification was conducted - Plea held, not tenable as owner of truck which accused was driving has categorically admitted that accused was working with him since last 4 months and was driving truck at the time of accident - Conviction upheld...........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Death by negligence - Plea that deceased was wearing helmet while crossing the road and due to which his movement of neck was restricted as a result of which he could not notice truck coming on the road - Plea held, not tenable as it cannot be said that wearing of helmet would absolutely restrict..........
Indian Penal Code, 1860, Section 304A, 229 -- Reduction in sentence Offence u/ss 304-A, 229 IPC - Petitioner is not a previous convict therefore, substantive sentence of imprisonment as imposed upon petitioner reduced from 2 years to 1 years and 9 months...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Cruel treatment or harassment of wife by husband or his relative to force her to fulfill demand of dowry is common element for commission of offences u/ss 304-B, 498-A IPC...........
Evidence Act, 1872, Section 154, Indian Penal Code, 1860, Section 304B, 498A -- Hostile witness - Dowry death - Cruelty - Conviction cannot be recorded on solitary statement of witness who disowned his testimony of examinatio, i, chief and has turned hostile during beginning of cross-examination - Conviction and sentence set aside - Accused acquitted...........
Evidence Act, 1872, Section 154, Indian Penal Code, 1860, Section 304B, 498A -- Hostile witness - Dowry death - Cruelty - PW1 turned hostile in cross-examination - Statement of PW1 given in examinatio, i, chief could be used for purpose of corroboration and support of such evidence - A person who has stated in examinatio, i, chief does not remain trustworthy and his..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 325, 324, 323, 506, Arms Act, 1959, Section 25 -- Murder - Injuries on the person of accused - Non explanation - Not even an iota of evidence which could even remotely prove and establish how accused persons sustained injuries - Non expalanton how accused persons sustained injuries..........
