Indian Penal Code, 1860, Section 302 -- Murder - Allegation that accused assaulted deceased after bullets were fired on deceased by co-accused - However, charge u/s 34 IPC has not been framed against accused - Accused convicted only on the basis of statement of PW1 - Deceased had already died when PW1 reached the scene of offence - PW1 in his cross-examination stated that..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Victim had gone with accused on her own volition - She left with accused on his motor cycle and thereafter travelled to various places including by train for more than six days - Physical relations were voluntarily formed by victim..........
Indian Penal Code, 1860, Section 304 -- Offence u/s 304(Part I)PC - Specific case of eye-witnesses is completely belied by medical evidence on record - Witnesses of fact alleged that deceased was badly beaten with fists and kicks and later his head was banged on the wall but neither any injury is found on the head nor any signs of injury are shown on the face or forehead..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379B, 34, 411 -- Quashing of FIR - Offence u/ss 379-B, 34, 411 IPC - Accused declared proclaimed offender on 30.10.2019 and co-accused was acquitted on 4.3.2020 - Accused approached High Court by way of his first petition for quashing, seeking similar relief which came to be argued and withdrawn..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 384, 389, 406, 120B, 34 -- Quashing of FIR - Cheating - Aspect about complicity of a person who was involved in the forgery is a disputed question of fact and the same will have to be addressed after a proper appreciation of evidence which can be done only during trial and not at such a..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against sister-in-law of wife - Sister-in-law of wife is married and resides separately from wife - General and omnibus allegations alleged against her which did not lie against her - Proceedings qua sister-in-law of wife stayed till 30.11.2024 or until further orders, whichever is earlier...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Statements made in FIR along with statements of PW1 and PW2 though establish that appellant was there on the spot - However, nowhere in the FIR or in the evidence it is mentioned that when appellant along with co-accused reached place of incident he was sharing common intention with co-accused to..........
Indian Penal Code, 1860, Section 376, 376(2)(n), 376(2)(h), 313, 323, 504, 506 -- Rape - False promise of marriage - Mere facilitating a rented house for victim by accused does not establish an intent to marry...........
Indian Penal Code, 1860, Section 376, 376(2)(n), 376(2)(h), 313, 323, 504, 506 -- Rape - False promise of marriage - Quashing of FIR - Sexual relationship between parties was purely on the assurance of accused to marry victim - Act of accused in abusing and assaulting victim when he learnt that she conceived from him indicate lack of intent right from the beginning -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Deceased and both the accused received injuries in the incident - Possibility of scuffle between two groups, incident taking place in a sudden fight in the heat of passion, upon a sudden quarrel cannot be ruled out - No evidence that accused has taken undue advantage or acted in a cruel or unusual..........
