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Judgement |
| INDIAN PENAL CODE, 1860 |
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| INDIAN PENAL CODE, 1860 |
IPC — S 34 — Common object — No specific roles to the accused warranting their implication in the offences that they were charged with was evident — Acquittal upheld. (Para 18(f)) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 44 — Injury — Definition of — Any harm whatever illegally caused to any person, in body, mind, reputation or property. (Para 9) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 44 — word ‘Injury’ — Scope of — The word includes harm caused to reputation of any person — It also takes into account the harm caused to person's body and mind. (Para 9) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 182 — CrPC — S 195 — Held, in order to prosecute an accused for an offence punishable u/s 182, IPC, it is mandatory to follow the procedure prescribed u/s 195, CrPC — else such action is rendered void ab initio. (Para 10) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 302 — Murder — Conviction under — Based on circumstantial Evidence — Dying declaring & Recovery — Held, none of the circumstances been proved beyond reasonable doubt — Acquittal. (Para 14) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 302, 323, 325 & 34 — Assault on victims — failure to prove by prosecution — Conduct of complainant party — after the incident, deceased was very much active & proceeded to report the attack— Nobody then attempted to stop him as there was nothing to worry— Held, This militates with version of attack on his head and his falling down on spot or then relatives lifting him to carry to his home— Violence by accused on other victim — not proved— Acquittal — Evidence Act — S 3 — Relevant fact. (Para 29) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 304-A — Conviction under —Evidence Act — S 3 — Relevant fact — Involvement of the accused — non production of any evidence — No reference of the name of the present applicant while giving the complaint—Statement on oath by the complainant — he had no personal knowledge regarding the accident and name of the present applicant—Identification parade before the Court — not held —no eyewitness — Witnesses travelling in the vehicle — have not supported the case of the prosecution — CrPC — Section 313 statement under — name of the present applicant not stated— Acquittal — CrPC — S 313. (Para 17) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 306— Essential Requirement — Held, it is necessary for the prosecution to at least prima facie establish that accused had an intention to aid or instigate or abet — the deceased to commit suicide — In the absence of availability of such material, accused cannot be compelled to face trial for the offence punishable u/s 306. (Para 7) |
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| INDIAN PENAL CODE, 1860 |
CrPC — S 482 — FIR — Quashing of — IPC — S 306— Charge under — Suicide note — base to set criminal law into motion — Non production of copy of suicide note — No specific instances referred in suicide note or in the FIR — Held, In the absence of specific instances, it is not possible to find out the nexus between — alleged ill-treatment & suicide — the most important requirement to attract the provisions of Sec. 306 missing —FIR quashed. (Para 8) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 307 — CrPC — S 378 — Appeal against acquittal — Injuries inflicted by accused were as a result of duly act of self defence and not with an intention or knowledge to cause death is a plausible theory — Evidence do not suggest an intention or knowledge — Held, merely on the basis of the nature of injuries sustained acquittal not disturbed — upheld. (Para 21) |
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| INDIAN PENAL CODE, 1860 |
Criminal Jurisprudence — IPC — S 307 — Application of — Nature of injury — Held, merely because the nature of injuries sustained are perceived to be serious or grave would not automatically attract Section 307. (Para 21) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 307 — Application of — Essential requirement — Held, what needs to be seen is whether the act was done with an intention or knowledge to kill. (Para 21) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 499 — Defamation — Prime requirement — Imputation should have been made or published with intention of causing harm — or with the knowledge — or with reasons to believe that the imputation will harm the reputation of such person. (Para 8) |
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| INDIAN PENAL CODE, 1860 |
CrPC — S 204 & 482 — Issuance of process — Quashing of — IPC — S 499 & 500 — Case filed by respondent on the ground of acquittal in a case of cheating filed on complaint of applicant — Process issued by Ld. Magistrate — Held, If acquittal is the only ground to attract the provisions of Sections 499 & 500 then in every case of acquittal such a case can be filed— This cannot be an object and purport of the provisions— there is no indication on application of mind by the learned Magistrate — The order of issuance of process is thus apparently unsustainable in law— Set aside. (Para 12) |
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