Indian Penal Code, 1860, Section 307, 149, 333, 149, 452, 149, 427, 149, 148 -- Conviction - Identification - Appreciation of evidence - Procession by mob in protest against the death of a person of weaker Section of society in police custody - A part of procession attacked a byestander who ran towards the police van and members of the police party then ran in that..........
Indian Penal Code, 1860, Section 307, 149, 452, 149, 427, 149, 148 -- Conviction - Identification - Appreciation of evidence - Procession by mob in protest against the death of a person of weaker Section of society in police custody - Damage to the shops of seven persons who appeared as witnesses - None of the witnesses identified the appellants as the persons who had..........
Penal Code, 1860, Section 34, 302 -- Murder - Three accused - Charge only under Section 302 IPC framed and no charge had been framed u/S.34 IPC - Conviction of all three accused u/S.302 - Appellant accused could not show that any prejudice was caused to either of the accused persons because of no, framing of charge under Section 34 IPC - Held that even in the absence of..........
Criminal Procedure Code, 1973, Section 389 -- Penal Code, 1860, Section 302/149 - Suspension of sentence - Appeal filed by the appellant in the High Court in the year 1997 against conviction u/S.302 with the help of Section 149 IPC and application for suspension of sentence not granted - Application filed in the year 2001 praying suspension of sentence again rejected -..........
Indian Penal Code, 1860, Section 304B, 34, 120B -- Dowry death - Kerosene poured and thereafter with lighted match stick the girl was burnt to death - FIR depicts the case of torture in order to attract Section 498-A together with ingredients of charge u/s 304-B - FIR found to be interpolated as such High Court acquitted accused u/s 304-B - No exception can be taken to the..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - Appreciation of evidence - The incident was premeditate and the assault had been made after due preparation - The accused also took undue advantage of their position of strength and caused injuries to the deceased as also to the injured who were admittedly unarmed and had given no serious provocation - Held..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Sub Inspector alleged to have beaten a prisoner to death for extracting a confession - Charge u/s 302 IPC - Contention was worthy to be considered that offence could be covered by S.304 Part I IPC in view of Exception 3 of Section 300 IPC - Applicant deserved to be released on bail of Rs.25,000/- with two solvent..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Cheque if issued to cheat - Prosecution u/s 138 NI Act and also under S.420 IPC can be launched - Section 138 NI Act is not introduced in lieu of S.420 IPC...........
Indian Penal Code, 1860, Section 302 -- Sudden fight between deceased and accused while they were taking drinks - Accused picked up a knife from kitchen and stabbed deceased - Case is covered by Exceptions 2 and 4 of Section 300 IPC - Conviction u/s 302 is liable to be converted to one under S.304 Part-I IPC - Sentence of 10 years imprisonment and fine awarded...........
Prevention of Corruption Act, 1947, Section 5(2), 5(1)(d), Indian Penal Code, 1860, Section 161 -- Corruption - Demand of Rs.200/- to process application for refund of earnest money and security deposit - Rs.150/- recovered from appellant - Defence explanation that amount was received by him not as bribe but to give to another contractor who had completed work of removing..........
