Indian Penal Code, 1860, Section 302, 364, 34 -- Allegation that accused committed murder of deceased by assaulting him with knife after taking him away from his house - Brother and son of deceased claimed to be the eye witnesses - Brother-in-law of the deceased who lodged FIR did not mention the presence of brother and son of the deceased in the house at the time of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Person whose shop was just 2-3 steps away not examined - Accused identified from the light of lantern burning in that shop - Lantern not seized - Held, non examination of that person and not seizing lantern is destructive of the substratum of the prosecution story - Accused acquitted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 34, 511 -- Anticipatory bail - Offence u/ss 420, 467, 468, 471 read with Ss.34 & 511 - FIR lodged in 2008 - No action taken against appellant despite rejection of his prayer for anticipatory bail - No allegation of non co-operaton in the investigation - Held, in the event of..........
Indian Penal Code, 1860, Section 498A, 302, 34 -- Death of wife in matrimonial home within one year four months of marriage - No eye witness - Medical report that death was due to asphyxia resulting from throttling which was ante mortem and homicidal in nature - Husband, mother-in-law and sister-in-law absconding after the incident - Conduct of accused in absconding not..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 302, 120B, 34 -- Quashing of proceedings - Final report submitted and Magistrate taking cognizance - Police making further investigation - After investigation IO submitted parcha of case diary - Earlier order by which cognizance taken is not adversely affected - Accused can make use of such..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common Intention - There is no evidence available on record that appellants No.2 and 3 had any pre-meditation, pre-meeting of mind and pre-plan with appellant No.1 to commit culpable homicide not amounting to murder - Their overt act is also not corroborated by medical evidence - Held, they deserve acquittal, hence..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A, 34 - - Quashing of FIR - Allegations in FIR are not only from specific about torture and demands for dowry but also to offer an explanation for statement made earlier by complainant before SDM and the affidavit before ADJ - Investigations are still in progress and a charge sheet is yet..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, 302, 34 -- Bail - Offence u/ss 365, 302, 34 IPC - Second bail application - Applicant not on parity with co-accused who is released on bail - Applicant main architect of the incident - Case of applicant distinguishable with the case of co-accused - Gravity of offence considered - Prayer for..........
Indian Penal Code, 1860, Section 34 -- If two or more persons intentionally do an act jointly, the position in law is just the same as if each of them has done it individually by himself - Provision of S.34 IPC is applicable if criminal act is done in furtherance of a common intention - Direct proof of common intention is seldom available - Such intention can be inferred..........
Indian Penal Code, 1860, Section 304B, 34 -- Sudden altercation - One accused gave stab blow on abdomen of deceased while three others caught hold different parts of body of deceased - All accused convicted u/s 304 Part II with aid of S.34 IPC - Conviction of accused who gave stab blows upheld - Evidence against three accused not very specific, hence, acquitted...........
