Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Murder - High Court only with narration of facts dismissed appeal without examining evidence of each prosecution witnesses on issue arising in appeal - Neither any reference to any evidence nor its appreciation or finding is made in the impugned order - Order passed by High Court set aside - Matter..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal breach of trust - Accused not having title to the property but dealt with the property and on that basis complainant was induced to part with valuable consideration - These allegations whether true or not is a matter of trial - Order quashing..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- Dismissal of application filed u/s 482 Cr.P.C. - Legality of - Cruelty - High Court quoted the principle of law relating to powers of High Court on issue of interference in cases filed u/s 482 of Cr.P.C. but failed to mentioned the bare facts of the case with a view to appreciate factual..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 304-B IPC and Ss.3, 4 Dowry Prohibition Act - Quashing of proceedings - High Court dismissed the application to quash proceedings by quoting principles of law to decide application u/s 482 Cr.P.C. without referring to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 323 IPC and Ss.3, 4 Dowry Prohibition Act - Quashing of proceedings - High Court dismissed the application to quash proceedings by quoting principles of law to decide application u/s 482 Cr.P.C. without referring to facts..........
Prevention of Corruption Act, 1988, Section 8, Indian Penal Code, 1860, Section 420 -- Illegal gratification - Cheating - Allegation that inspectors demanded bribe from complainant and directed to pay the money to petitioner/driver of their vehicle - However, factum of demand of money by inspectors was found to be untrue and petitioner was not a driver of vehicle -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - During course of exchange of galata or quarrel between deceased and accused, accused took out a chopper and assaulted deceased - Considering the length, width and depth of the injury, accused might have knowledge that deceased may die due to such injuries, but he might not have any intention to cause..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Reduction of sentence - Accused has been in judicial custody for more than 9 years - Offence u/s 304(Part I) IPC is punishable with life or imprisonment for 10 years - Sentence already undergone by accused thus, sufficient punishment for conviction u/s 304(Part I) IPC...........
Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 302, 309 -- Extra-judicial confession - Murder of wife by husband - Accused and deceased living together - Immediately after the incident, accused rushed to PW2 and informed about the incident to her, thinking that she is the only relative residing near the house of accused - Extra judicial confession..........
Indian Penal Code, 1860, Section 302, 309 -- Murder of wife by husband - Medical evidence - Death occurred due to throttling as opined by Doctor - Whenever, throttling is established breakage of hyoid Bone always depends upon pressure factor on neck - Mere absence of fracture of Hyoid Bone, cannot be a ground to conclude that death was not a homicidal death...........
