Indian Penal Code, 1860, Section 308 -- Attempt to commit culpable homicide - Only witness who supported prosecution case is PW1/injured witness - Though testimony of an injured witness should be accepted, but since other witnesses present on the spot have not supported prosecution - Benefit of doubt thus, given to accused - Moreover, where two views are possible on..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Evidence on record implies that incident taken place as a result of sudden fight without premeditation and on spur of the moment - Accused caused fatal blow by lathi on head of deceased but by not repeating the lathi blow he has not taken any undue advantage of the situation - Thus, act of accused falls u/s..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 311 -- Framing of charge - Charge u/s 311 IPC - No evidence on record that petitioners forcibly got pregnancy terminated - To frame a charge there has to be some material available with prosecution which is lacking in the case - Investigation done by prosecution itself does not support her claim -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused inflicted blow to PW1 but deceased came in between and suffered knife injury on his forehead - No evidence on record that accused repeatedly made stab blows to anybody or to deceased - Accused did not had intend to commit murder of deceased but accidentally knife blow landed on his forehead..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note - Tone and tenor of suicide note reveal that deceased was unhappy with circumstances surrounding her in her life - Deceased seems to have been depressed on account of fact that she feared that none understood her or supported her - This feeling of not being understood or loved was attributed to..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - To satisfy the ingredients of "instigation" there must be action or conduct of the instigator which creates circumstances that leaves the deceased with no option except to commit suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Difference of opinion and thought process between husband and wife made wife unhappy - Wife was unhappy at donning role of a home maker, whereas she preferred to become successful in life - Such circumstances do not constitute an offence u/s 306 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Appellant did not instigate the deceased to commit suicide; nor he created any such circumstances that the deceased was left with no other option except to commit suicide - On the contrary, it appears that the deceased was not happy with her life, as enumerated by her in the suicide note - In the suicide note,..........
Indian Penal Code, 1860, Section 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape of minor girl by juvenile - Sole testimony of prosecutrix - Testimonies of parents of prosecutrix are hearsay - Contradictory statement was given by prosecutrix - Medical evidence also belies the story propounded by PWs, as marks of resistance..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Rape - Promise of marriage - Prosecutrix claimed in FIR that sexual relations were established when they were school students - Manifestly there is no allegation in the complainant's version regarding those sexual relations having been established by use of force or..........
