Criminal Procedure Code, 1973, Section 327, 328, Indian Penal Code, 1860, Section 302, 304 -- Charge sheet submitted u/s 302 IPC - Sessions Judge framed charge u/s 304 IPC and declined to frame charge u/s 302 IPC - No reasons assigned for the same - Held, when charge under a particular Section is dropped or diluted, some minimum reasons are expected to be recorded..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 33, Indian Penal Code, 1860, Section 376, 328, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 376/328 IPC and Ss.3/33 SCST Act - Prosecutrix and accused were under 18 years of age at the time of commission of offence - Matter compromised between parties in presence of..........
Indian Penal Code, 1860, Section 302, 328, 306, 376(2)(g), Criminal Procedure Code, 1973, Section 222 -- Conviction u/s 302 IPC - Appellate Court modified charge to one u/ss 306 & 328 IPC which is punishable with lesser punishment - Such modification is permissible...........
Indian Penal Code, 1860, Section 328 -- Case of poisoning - Accused convicted for mixing poisonous substance like Dhatura in pulse being cooked by the informant in her house - Specific statement of informant that she suspected that accused mixed some foreign item in the pulse which after being consumed resulted in food poisoning - FIR lodged after 7-8 hours - No evidence..........
Indian Penal Code, 1860, Section 304B, 498A, 328 -- Cruelty and dowry death - Proof - Deceased's mother has not indicated in court that there was a demand of dowry - Independent witness does not support demand of dowry, although he is related to informant and was present throughout with mother of deceased - Father of victim girl has attributed demand of dowry, as motive..........
Evidence Act, 1872, Section 106, Indian Penal Code, 1860, Section 302, 328, 34 -- In the night husband and wife stayed together - In the morning husband was found dead - Deceased was having strained relations with wife - S.106 of Evidence Act cast onus upon the wife to explain as to how a living man turned into corpus - Explanation given that deceased was a tobacco addict..........
Indian Penal Code, 1860, Section 328, 382 -- Offence u/ss 328 & 382 - Conviction - Complainant given Prasad of Laddu which was mixed with sedative and he became unconscious after eating it - Accused took away vehicle of complainant - Delay in conducting Test Identification Parade - TIP of one accused held after a delay of about 3 months after arrest - Delay of about one..........
Indian Penal Code, 1860, Section 302, 328, 34 -- Death by poisoning - Conviction by trial Court - Acquittal by High Court - Poison was mixed with Halua - No evidence on record from where Halua came - No forensic examination of Halua which contained poison - No interference in order of acquittal...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 328, 344, 120B -- Bail - Offence u/ss 364-A, 328, 344 & 120-B IPC - Third bail application - Co-accused enlarged on bail - Lady accused suffering from fracture and heart ailment - Bail allowed to lady accused - Bail of other accused refused...........
Indian Penal Code, 1860, Section 328 -- Accused not a qualified doctor - Accused administering unwholesome drug, a drug which harms physical well being - Accused caused hurt to patient - Offence falls u/s 328 and not u/s 304 Part II IPC...........
