Indian Penal Code, 1860, Section 302, 149 -- Murder by 8 accused - Absence of specific overt act by each of them - Held, it is not necessary for the prosecution to establish as to the specific overt act done by each accused...........
Indian Penal Code, 1860, Section 302, 460, 458, 34 -- Three persons killed and a child of seven years injured - Conviction of appellant - Prosecution of appellant and 'R' who absconded and declared proclaimed offender - Deceased 'S' alongwith his wife and daughter (deceased) resided at the tube well, engaged for cultivation of land belonging to PW5 and his brothers - He..........
Indian Penal Code, 1860, Section 302, 149, 384, 149, Arms Act, 1959, Section 27 -- 18-20 persons came armed with fire arms - Five male members of family surrounded - Their hands tied and demanded their gun - An offence u/s 384/149 is clearly made out - The deceased were then taken away and soon thereafter gun shots were heard and deceased were found to be shot dead in the..........
Indian Penal Code, 1860, Section 406 -- Civil Supplies Corporation entrusted paddy for dehusking - Accused did not return rice as per agreement - Corporation also initiated steps for arbitration proceedings on the basis of arbitration clause in the agreement - No offence u/s 406 IPC is made out...........
Indian Penal Code, 1860, Section 498A -- Ill treatment and demand of money - Inconsistency as to the exact amount demanded by accused - Held, quantum of demand differed from time to time as such evidence of witnesses cannot be rejected merely on the ground that there is no consistency as to the exact amount demanded by accused...........
Indian Penal Code, 1860, Section 498A -- Ill treatment - Neighbour not examined - Held, it is not expected of newly married to go about in the neighbourhood complaining against her husband - This is not a good enough reason to reject the testimony of a large number of witnesses...........
Indian Penal Code, 1860, Section 498A -- Ill treatment - No reference to ill treatment in one of the letters - Merely because in one solitary letter there is no reference to ill treatment is not a ground to arrive at the conclusion that deceased was never ill treated...........
Indian Penal Code, 1860, Section 396 -- Dacoity with murder by five or more persons - Each one of the dacoits is liable to be punished under Section 396 irrespective of the fact whether he is the actual assailant or whether he had shared the common intention to kill anyone...........
Indian Penal Code, 1860, Section 326, 325 -- Stone - Used as weapon of offence - Cannot be described to be dangerous weapon in every case...........
Indian Penal Code, 1860, Section 326 -- Essential ingredients to attract the provision are (1) voluntarily causing a hurt; (2) hurt caused must be a grievous hurt; and (3) the grievous hurt must have been caused by dangerous weapons or means...........
