Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Wife left matrimonial home after husband gave beatings to her on her refusal to comply with request on unnatural carnal intercourse while she was pregnant and filed complaint u/s 377 IPC against husband - Husband committed suicide after one month of filing complaint - Wife not liable for offence u/s 306 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - To ascertain that whether there was any act of instigation it has to be gathered from the circumstances of case which clearly portrays the guilty mind of accused conspiring to instigate the deceased to the verge of committing suicide...........
Indian Penal Code, 1860, Section 376, 377, 323, 393, 427, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of charge sheet - Accused initially raped victim by making her to consume a contaminated cold drink thereby making unconscious - It was prima facie an act of force without consent - Subsequently, accused had established physical relationship..........
Indian Penal Code, 1860, Section 406, 420 -- Cheating and criminal breach of trust - For the offence of cheating, dishonest intention must exist at the inception of the transaction, whereas, in case of criminal breach of trust there must exist a relationship between the parties whereby one party entrusts another with the property as per law, albeit dishonest intention..........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Details and particulars not given as to when and on which date and place the threats were given - Without said details and particulars, allegations of threats etc. have been made only with an intent to activate police machinery for recovery of money - FIR quashed...........
Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(d), 6 -- Alternate punishment- Where an act or omission constitutes an offence punishable under POCSO Act and also Indian Penal Code or Information Technology Act, 2000, then, the offender found guilty of such offence shall be liable to punishment only under this..........
Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(d), 6 -- Alternate punishment- Where an act or omission constitutes an offence punishable under POCSO Act and also Indian Penal Code or Information Technology Act, 2000, then, the offender found guilty of such offence shall be liable to punishment only under this..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Motive - Deceased instituted partition suit against his brother/A-9 and said suit was decreed in favour of deceased - It was annoyance with said litigation that A-9 and his family members decided to do away deceased and his family members for which they took help of their friends A-4, A-5 and A-7 - There was thus, clear..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Unlawful assembly - All the accused unlawfully assembled with clear intention to eliminate entire family of deceased - Even if any of them had not been assigned specific role of assaulting deceased, they all would be guilty for an offence of murder and are liable to be convicted for life imprisonment...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Medical evidence - Only one kind of weapon i.e chopper was used in committing the crime - Evidence of doctor proved the injuries but suggested possibility of use of different weapons in causing those injuries - Though evidence of doctor may not be matching with that of prosecution, but ocular evidence of injured eye..........
