Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Wife strangulated to death in the privacy of her house - Appellant and deceased were the only occupants of the house, where dead body was found - Onus shifts to appellant to offer a plausible explanation regarding the manner in which deceased died - Rather than offering a plausible explanation,..........
Indian Penal Code, 1860, Section 376, 328, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Prosecutrix herself assisted accused and his family in planning for accused's marriage and had gone along with him to purchase Sherwani and Pagri for his marriage - Besides, prosecutrix was duly invited in marriage ceremony of accused and she had made willful gesture of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Parole - Petitioner is praying for parole so that he may reconstruct his dilapidated ancestral residential house - He stated that there is no one in family who may get work of reconstruction done - Conduct of petitioner in jail is excellent - Parole cannot be denied to petitioner merely because he has been sentenced for..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Summoning of additional accused - Kidnapping and rape - Statement of informant and victim shows that petitioner and co-accused were involved in commission of crime and they also participated in incident - Whether..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 364, 506, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Bail - Offence u/ss.364, 506 IPC and S.6 POCSO Act - While declining bail application, relevant provision has not been considered by both Courts below as in accordance with S.12 of Juvenile..........
Indian Penal Code, 1860, Section 376, 511 -- Reduction of sentence - Rape - Accused already undergone 02 years, 08 months and 28 days, out of total sentence of 03 years - Keeping in view peculiar facts and circumstances, sentence of accused reduced to period already undergone by him - However, fine imposed upon accused by trial Court shall remain intact...........
Indian Penal Code, 1860, Section 407, 504, 506 -- Offence u/ss 407, 504, 506 IPC - Property dispute between parties - Allegation that accused tried to take forcibly possession over disputed land and when resisted he abused complainant - However, PW1 not supported version of complaint and has back tracked from his statement u/s 244 Cr.P.C - Even statement of complainant was..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 148, 149, 120B -- Cancellation of bail - Murder - Entire material was perused before grant of bail - It is not the case of either complainant or State that irrelevant considerations have been taken into account by Sessions Court while granting bail to accused - Order granting bail by..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 458, 436 -- Quashing of proceedings - Compromise - Offence u/ss 458, 436 IPC - Complainant and petitioners have already entered into compromise - There is no possibility of conviction of accused for offence punishable u/ss 458, 436 IPC - Proceedings quashed...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred in the spur of moment and after some altercation accused took lathi which was lying there and caused injury on head of deceased - Despite fracture injury on head of deceased, he was conscious - There does not appear any intention on part of accused to cause injury which ultimately..........
