Indian Penal Code, 1860, Section 279, 337 -- Rash and negligent driving - Photographs showing tyre marks were withheld by prosecution - Available photographs clearly show that there was dent on right side of car so there was no head collusion as alleged by prosecution - Photographs on record shows that after accident jeep went 24 feet ahead and accident occurred in sliding..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Occurrence took place in the spur of moment, while both accused and deceased were under influence of liquor - There was quarrel between them and it was deceased who gave two slap blows to accused - Accused pushed deceased on the ground and dashed a stone on his head, which led to death of deceased -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - Prosecutrix resiled from her statements earlier given to police and Magistrate u/ss 161, 164 Cr.P.C - She has nowhere supported prosecution case - Though guilt, if any, of petitioner..........
Indian Penal Code, 1860, Section 302, 324, 149, 506, 342, 148, Evidence Act, 1872, Section 3, 8 -- Murder - Appreciation of evidence - Oral testimony of material witnesses corroborated by medical evidence - Even, motive of taking life of deceased made out from the incident which happened on earlier date - Findings recorded by Courts below is plausible - Conviction upheld...........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Accused driving his jeep rashly and negligently dashed in backside cycle of deceased - Deceased died on the spot and his cycle was broken - Alleged jeep was stationed in police chaunki on same day after accident by accused - Owner of vehicle is not produced by accused - PW1 was sole eye witness to..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Quantum of sentence - Accused no where stated that he was authorized to drive alleged jeep and he had any driving licence - Driving of any vehicle by unqualified driver, at any public road, in a manner so rash and negligent as to endanger human life and causing death of any innocent person has..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 179 -- Offence u/s 498-A IPC - Jurisdiction - Place where wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused as well as complainant were present in engagement ceremony - With a view to celebrate, shots were fired in air, which unfortunately hit deceased and as a result of which he died - Accused `C' had no intention to commit murder as prosecution failed to establish on record any motive with..........
Indian Penal Code, 1860, Section 464 -- False document - Mere making a false statement in a document would not come within ambit of S.464 IPC and would not amount to forgery...........
Indian Penal Code, 1860, Section 464 -- False document - It is the essence of making a false document that signature, seal or date shown on it should be false...........
