Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 376D, 328 -- Summoning of additional accused - Kidnapping and rape - Prosecutrix remained consistent with her statement right from the date when she reported the matter to police, in her statement recorded before police, in her statement recorded before Magistrate u/s 164 Cr.P.C and her..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 326, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Compromise - Quashing - Offence u/s 307 IPC cannot be compromised - However, High Court can exercise its jurisdiction to quash FIR on the basis of compromise in cases where victim has not received any fire arm injury or the facts and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 326, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Compromise - Quashing - In an offence u/s 307 IPC where victim has received fire-arm injury and violation of the provisions of Arms Act has also been alleged, the same cannot be quashed on the basis of compromise between parties...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 406, 109, 114, 506, 294A, Dowry Prohibition Act, 1961, Section 3, 5, 7 -- Quashing of FIR - Cruelty - Dowry demand - Complainant specifically alleged in complaint that six months after the marriage, accused started harassing and demanding dowry from her - Specific instances regarding..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Fatal head injury - Merely because no fracture was noticed and found, cannot take the case out of S.302 IPC, when deceased died due to head injury...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Deceased died due to fatal head injury - Merely because deceased died after six days, not a ground to set aside conviction for offence u/s 302 IPC and to convert it to S.326 IPC - Accused liable to be convicted u/s 302 IPC...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Fatal head injury - When weapon was used on head which is vital part of body and ultimately same proved to be fatal and deceased died due to head injury, therefore by no stretch of imagination case would fall u/s 326 IPC - Accused convicted u/s 302 IPC...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Indian Penal Code, 1860, Section 323 -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act and S.323 IPC - Allegation that accused caught hold of complainant and pulled her by holding her hair and also caused injury on cheeks of complainant - Complainant was taken to hospital and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 496, 498A -- Anticipatory bail - Misappropriate of stridhan - Mere non-recovery of certain disputed dowry articles cannot be a ground to decline concession of anticipatory bail to accused, more so when accused is not required for further investigation...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 409, 420, 465, 466, 467, 468, 471, 477A, 120B -- Anticipatory bail - Recovery of marriage registration certificate - Such certificate can be obtained from the Registrar - Recovery or non recovery of the original marriage certificate not a ground to deny concession of bail - Ad interim pre arrest..........
