Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 325, 324, 323, 506, Arms Act, 1959, Section 25 -- Murder - Prosecution case full of contradictions and discrepancies - True version of occurrence not given by prosecution witnesses - Testimonies of PWs 1 to 5 not in consonance with each other and suffer from discrepancies and contradictions and they create a doubt..........
Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 106 -- Attempt to murder - Burden of proof - Injured witness herself not supported prosecution case and none other witnesses who might have seen the incident has proved the case when examined - There appears no occasion for trial Court to use S.106 of Evidence Act, to shift burden of proof on accused and..........
Indian Penal Code, 1860, Section 302, 34, 307, Arms Act, 1959, Section 25, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) - - Murder - Dispute as to identity of A-2 - Contradiction in the case of prosecution and sentence adduced in Court as to who fired gun shots - Recovery of weapons from accused is also not proved by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 6, 17, Prohibition of Child Marriage Act, 2006, Section 6, 17 -- Bail - Offence u/ss 363, 366, 376 IPC, Ss.6, 17 Protection of Children from Sexual offences Act, 2012 & Ss.6, 17 Prohibition of Child Marriage Act, 2006 -..........
Indian Penal Code, 1860, Section 498, 420, 406, 120B -- Dispute mainly a matrimonial dispute - Matrimonial discord resolved by mutual divorce - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - On basis of parity with co-accused - Case of accused is totally distinguishable from that of co-accused whose sentences have been suspended by Court - Accused is named in FIR along with his brothers, all of whom sitting in same jeep which was used in commission of crime - He..........
Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 3(c), 4 -- Penetrative sexual assault - Accused made an attempt to cause penetration - Act of accused cannot be termed as an aggravated penetrative sexual assault - No prior enmity between accused and parents of prosecutrix - Offence thus, fall u/ss 376, 511 IPC and..........
Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - Reduction of sentence - Accused had undergone total sentence of 6 months and 16 days including remission of 20 days out of total sentence of one year and during his custody he was having good conduct in jail premises - No other criminal case is pending against accused - Since matter..........
Indian Penal Code, 1860, Section 406, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Misappropriation of cash and gold jewellery - Charge levelled against applicant with regard to misappropriation of jewellery and gold has not been found substantiated - Even there is no proof of misappropriation of cash - Factum of litigation between..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Injured sustained two injuries - One injury is on scalp of injured which is simple in nature and other injury is on his right forearm which is grievous in nature - Both the injuries were caused by hard and blunt substance - Some improvements were made by injured regarding injuries sustained by him - Trial..........
