Indian Penal Code, 1860, Section 394, 397, Explosives Act, 1884, Section 9(B)(i)(b) -- Robbery - Bomb explosion - Quashing of proceedings - Materials available on record reveals prima facie case against petitioner - Acquittal of co-accused in separate trial has not disproved substratum of prosecution case - Petitioner cannot derive any benefit of that acquittal judgment to..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Eviction order against daughter-in-law - Daughter-in-law instituted proceedings u/s 498-A IPC against petitioners - In order to defeat clam of daughter-in-law in such proceedings as also to prejudice proceedings under Protection of Women from Domestic Violence Act, proceedings under 2007 Act..........
Indian Penal Code, 1860, Section 436, 341, Criminal Procedure Code, 1973, Section 320 -- Offence u/ss 436, 341 IPC - Compromise - It would not be appropriate to compound the offence which is not compoundable under Cr.P.C. ignoring statutory provisions - Conviction of accused persons u/ss 436, 341 IPC cannot be set aside on basis of compromise...........
Indian Penal Code, 1860, Section 436, 341, 323, Criminal Procedure Code, 1973, Section 320 -- Offence u/ss 436, 341, 323 IPC - Compromise - Taking into consideration relationship of parties and factum of compromise between parties, sentence of imprisonment imposed on accused persons is modified to period already undergone by them - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Murder - Evidence on record shows that accused attempted to attack his wife with axe and at that time deceased intervened and axe fell on deceased - Even, case of prosecution is established by evidence PW4 to whom accused made extra-judicial confession and by other evidence - Since there was no premeditation..........
Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 113B -- Dowry death - Demand of dowry - Presumption u/s 113-B of Evidence Act - Prosecution failed to establish that immediately prior to death of deceased, she was subjected to cruelty or harassment in connection with any demand of dowry - Presumption u/s 113-B of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased was humiliated in public by accused - Act on part of accused was of a nature which amounts to cruelty and was immediate cause of suicide by deceased - Offence u/s 306 IPC proved on record - Accused rightly convicted...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Reduction of sentence - Accused is not a hardened criminal and he has no criminal history - When deceased consumed poison, he had gone also with his brother-in-law to hospital and made efforts to save his wife - More so, deceased left behind a two year child who is now 7 years of age - Child needs the care and..........
Indian Penal Code, 1860, Section 302, 149, Arms Act, 1959, Section 27 -- Murder case - Sentence modified by High Court on wrong factual premise - Trial Court acquitted four accused u/ss 302, 149 IPC but convicted u/s 27 of Arms Act - High Court convicted all of them u/ss 302, 149 IPC and S.27 of Arms Act in appeal on the wrong factual premise that accused have suffered..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Fatal accident - Accused who was driver of offending vehicle fled from the scene with his vehicle and was made to surrender by his own commandant - Identity of accused thus, not disputed - Accused rightly convicted...........
