Indian Penal Code, 1860, Section 451, 354 -- Offence u/ss 451, 354 IPC - Charge u/s 354 IPC was not framed - However, offence u/s 354 IPC is lesser offence to the offence of S.3(1)(xi) of SC/ST Act, Court has to examine whether such lesser offence is made out against accused on the evidence available on record - Since prosecution proved that accused entered into the house..........
Indian Penal Code, 1860, Section 451, 354 -- Offence u/ss 451, 354 IPC - Sentence - Sentence of 3 months R.I. u/s 451 IPC with fine of Rs.1000/- with default sentence of one month R.I. for non-payment of fine is upheld - However, for an offence u/s 354 IPC, accused is sentenced to 3 months R..I with fine of Rs.5000/- with default sentence of R.I. of 3 months for..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - If a person is hypersensitive and therefore decides to put an end to his life, then such an act of deceased cannot be said to be an outcome of abetment...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - If a married woman makes a complaint against her husband/deceased and in laws to police with regard to commission of offence of cruelty and dowry demand and police after recording statements filed charge sheet, then it cannot be said that married woman had in any manner abetted the deceased to commit suicide...........
Indian Penal Code, 1860, Section 302, 460, 396, 149 -- Murder - Identification of accused - Faces of accused were covered with clothes - None of witnesses had seen accused before the incident or recognized them - Identifying the masked accused solely by their eyes and hair in the darkness of midnight is not possible especially if the light conditions are extremely poor -..........
Indian Penal Code, 1860, Section 302, 460, 396, 149 -- Murder - Recovery of articles - No jewellery or valuable utensils were recovered from any of accused - Recovery memo relates to co-accused who is not a party to present appeal - In so far as recovery of empty shells, gun etc. are concerned, these recoveries by itself is not sufficient to connect accused with alleged..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - PW3 who claimed that accused had made an extra judicial confession had turned hostile - However, evidence of eye witness/PW2/wife of deceased is reliable and there was no error in the eye witness account - Minor discrepancies in the evidence of PW2 would not make much difference - Conviction upheld - However, since..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of physically challenged daughter by her father - Burden of proof - Occurrence took place inside the house of accused - PWs 2, 3 and 5 were very much present in the house when occurrence took place - All of them took the consistent stand that death of victim occurred on account of a fall from..........
Indian Penal Code, 1860, Section 302 -- Murder of physically challenged daughter by her father - Victim died of blunt violence sustained to her head as per doctor who conducted autopsy on the body of victim - However, PW1/informant turned hostile to prosecution and deposed that victim died on account of a fall - Even, all the PWs turned hostile - Only evidence available in..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Place from where accused are said to have fired is not shown in the site plan by I.O - There is no mention in the recovery memo as to which accused had fired the bullet - No bullets have been recovered from the alleged place of incident - Prosecution has not filed the report of FSL - Even, prosecution has..........
