Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Statements made in FIR along with statements of PW1 and PW2 though establish that appellant was there on the spot - However, nowhere in the FIR or in the evidence it is mentioned that when appellant along with co-accused reached place of incident he was sharing common intention with co-accused to..........
Indian Penal Code, 1860, Section 376, 376(2)(n), 376(2)(h), 313, 323, 504, 506 -- Rape - False promise of marriage - Mere facilitating a rented house for victim by accused does not establish an intent to marry...........
Indian Penal Code, 1860, Section 376, 376(2)(n), 376(2)(h), 313, 323, 504, 506 -- Rape - False promise of marriage - Quashing of FIR - Sexual relationship between parties was purely on the assurance of accused to marry victim - Act of accused in abusing and assaulting victim when he learnt that she conceived from him indicate lack of intent right from the beginning -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Deceased and both the accused received injuries in the incident - Possibility of scuffle between two groups, incident taking place in a sudden fight in the heat of passion, upon a sudden quarrel cannot be ruled out - No evidence that accused has taken undue advantage or acted in a cruel or unusual..........
Indian Penal Code, 1860, Section 450, 367(1), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 450, 367(1) IPC - Serious allegations are prima facie made out against accused - In such a case merely acting on affidavit filed by de facto complainant regarding settlement of offence, proceedings cannot be quashed - Petition for quashing..........
Indian Penal Code, 1860, Section 392, 379, 34 -- Nature of offence - Compromise - Prima facie ingredients to constitute an offence u/s 390 IPC punishable u/s 392 IPC are not made out - Offence u/s 379 IPC is made out which is compoundable at the option of owner of stolen property - Offence compounded - Proceedings quashed...........
Indian Penal Code, 1860, Section 376, 420, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Quashing of FIR - Parties are indulging in sexual relationship for as many as 31 years - Contents of FIR clearly indicate a consensual relationship - Victim was aware that accused was married and despite this knowledge she continued to believe his..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Momentary disagreement resorting to extremities cannot be termed as an instigation, inducement or abetment to commit suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Victim/husband had on his own locked accused/wife in the room from outside and hanged himself - It was beyond the knowledge and control of accused to have immensely rescued victim - No evidence on record that victim was subjected to prolonged and continuous mental or physical torture or cruelty by accused which..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Conviction u/s 307 IPC may be justified only if accused possessed intent coupled with some overt act in aid of its execution - Ascertaining intention to kill or having knowledge that death may be caused as a result of overt act, is a question of fact and hinges on the unique circumstances that each case may..........
