Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 3, 4, 6 -- Addition of charge u/s 406 IPC and Ss.3, 4, 6 of Dowry Prohibition Act - No specific allegations with regard to entrustment of property and also misappropriation of same by A-1 to A-3 - In absence of any material both the Courts below have..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Death due to strangulation - Accused and deceased had a quarrel on fateful day over domestic issue - Thereafter accused slapped and manually strangulated his wife to death - Intention of accused to commit murder of deceased is there - Accused is liable to be convicted u/s 302 IPC...........
Indian Penal Code, 1860, Section 302 -- Murder - Allegation on mother-in-law - Motive attributed to A-2 in FIR arising out of her alleged immoral conduct is not proved at all - Although, it may be possible that A2 was present at the place of occurrence as her alibi does not inspire confidence, her culpability in factual matrix of case, appears to be tenuous as deceased..........
Indian Penal Code, 1860, Section 302, 304A -- Nature of offence - Accused killed deceased in the field believing her to be a wild boar - He immediately went to surrender himself before police after he discovered that he shot a woman - Accused had no intention of causing death - There is no premeditation to kill deceased - However, accused acted in haste without taking due..........
Criminal Procedure Code, 1973, Section 164 -- Confessional statement - Offence u/s 304-A IPC - Accused on his own volition surrendered before Police along with three witnesses - There is no evidence of coercion on record - When accused was produced before Magistrate as required u/s 164 Cr.P.C, he was warned of consequences of recording confessional statement - There is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of order - Order rejecting permission to go abroad - Cheating - Petitioner is a green card holder and he came to India for managing his properties and he was involved in present litigation - Case is at the stage of presentation of supplementary challan and it will take some..........
Arms Act, 1959, Section 17(3) -- Cancellation of arms license - Criminal case registered u/ss 307, 504 IPC against accused and accused acquitted from said case - No material on record that petitioner is involved in any other criminal case except said case - No incident of breach of security of public peace or public safety at behest of petitioner is pointed out -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354D, 342, 506 -- Bail - Rape - Accusations levelled against accused are severe but there are no reasonable apprehensions of his tampering with evidence - Cross cases were filed against each other - Both the parties crossed their limits and at this stage it is very difficult to adjudicate as..........
Arms Act, 1959, Section 25(1B)(a), 30 -- Offence u/ss 25(1-B)(a), 30 of the Act - Accused acquitted in substantive charge u/s 307 IPC, therefore both the accused are liable to be acquitted for an offence u/ss 25(1-B)(a), 30 of the Act...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406 -- Anticipatory bail - Offence u/ss 498-A, 406 IPC - Application for anticipatory bail was rejected by High Court - However, Supreme Court vide its earlier order granted stay of arrest - Having regard to facts and circumstances of case, appellant should be granted benefit of provisions..........
