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Topics Headnote Judgement
INDIAN PENAL CODE, 1860 IPC — Ss 304-B — not informing the parents of wife in time & delay in complaint — Absence of any overwhelming evidence — such an indictment cannot be entertained— Evidence Act — S 8 — Conduct of the accused. PDF
INDIAN PENAL CODE, 1860 IPC — S 409 — Criminal breach of trust by a Public servant — Charge under — Official capacity — relevancy of — is relevant only for entrustment — and not necessarily in respect of misappropriation or conversion which may be the act complained of — Dr. Hori Ram Singh v. Emperor—Relied. PDF
INDIAN PENAL CODE, 1860 IPC — S 304-A — Application of — Held, The provisions of this Section apply to cases where there is no intention to cause death and no knowledge that the act done in all probabilities will cause death — Balwant Singh Vs. State of Punjab — relied. (Para 43) PDF
INDIAN PENAL CODE, 1860 IPC — Ss 304-B, 498A & 201—No allegation of cruelty or harassment before present complaint — Even the contents of the complaint do not unassailably establish cruelty or harassment — Money invested in the mutual funds had neither been withdrawn by the appellant nor had been diverted for his use or appropriation — Visible improvements with regard to complaint at the trial — Death of the woman not established beyond reasonable doubt —Held, courts below, have failed to examine and evaluate the evidence on record in the right perspective both factual and legal— Acquittal. PDF
INDIAN PENAL CODE, 1860 IPC — S 304-A — Causing death by negligence — Ambit & scope of — Degree of proof — Held, Mere negligence or rashness is, not enough to bring a case within the ambit of the Section — Negligence or rashness proved by evidence must be such as should necessarily carry with it a criminal liability— Whether such liability is present may depend on the degree of culpability having regard in each case to the particular time, place and circumstances. PDF
INDIAN PENAL CODE, 1860 IPC — Ss 302 — Arms Act — Section 25 — prosecution has miserably failed to explain the facts and circumstances surrounding the lodging of both the FIRs—Prosecution case was never a case of circumstantial evidence & the prosecution, till the end laid stress on the testimonies of eye-witnesses— Testimony of eye witness — proved to be crooked— Medical Evidence — Gun shot injury — suffered by daughter of accused at point blank range— whereas no such assertion was made in case of accused respondent's gun-shot wound — Defence of accused — ran for seeking help— Held, The sequence of events and the injuries do not exclude the defence version— Held, the defence needs to only establish its case based on probability— whereas the prosecution has to prove the guilt of the accused beyond reasonable doubt— Acquittal upheld. PDF
INDIAN PENAL CODE, 1860 IPC — Ss 292, 342, 355, 385, 452 & 506 r/w 34 — Conviction under — Taking obscene and objectionable photographs of first informant & his female friend — allegation of — FIR — Delay in — more than eight years — is indeed extraordinary — Victim girl — non-examination of — Held, a serious weakness in the prosecution case— Political rivalry — defected from the ruling party — Alleged place of incident —surrounded by residential houses in a thickly populated locality — Rent receipts or other record — non production —Over writing — The 'Sex Scandal' was exposed within 2 to 3 days from the defection of the appellant no.1 — Alleged obscene and objectionable photographs — non- recovery of — No corroboration in the form of an early disclosure — Held, it was dangerous to place implicit reliance on the prosecution witnesses — and that too, inspite of the glaring infirmities in their evidence and inspite of a serious doubt about the character of witnesses — Acquittal. PDF
INDIAN PENAL CODE, 1860 PDF
INDIAN PENAL CODE, 1860 IPC — S 21 — Public servant — Scope of — A public servant can only be said to act or purport to act in the discharge of his official duty— if his act is such as to lie within the scope of his official duty—H.H.B. Gill v. The King— relied. PDF
INDIAN PENAL CODE, 1860 IPC — S 120- A — criminal conspiracy — definition of —When two or more persons agree to do, or cause to be done— (1) an illegal act — or (2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy: — Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. PDF
INDIAN PENAL CODE, 1860 IPC — S 304-A — Scope of — Rules & regulation — Contravention of — Held, the mere fact that an accused contravenes certain rules or regulations in the doing of an act which causes death of another — does not establish that the death was the result of a rash or negligent act — or that any such act was the proximate and efficient cause of the death —Ambalal D. Bhatt Vs. State of Gujarat— Relied. PDF