advocatemmmohan
IPC
Sec.302 I.P.C- the trial court acquitted the accused under sec.302 IPC – on appeal the high court convicted the accused under sec.302 IPC – Surveyor fixed boundary stone – Accused removed it – deceased when try to refix it – the accused attacked on him with axe on his head and on back resulted in death at Hospital – No sudden provocation, No exemption – intentionally attacked on him to kill as he know the consequences of his acts – not entitled for relief – Apex court held that High court rightly convicted the accused and as such dismissed the appeal = PUNDAPPA YANKAPPA PUJARI … APPELLANT VERSUS STATE OF KARNATAKA … RESPONDENT = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41735
Sec.302 I.P.C- the trial court acquitted the accused under sec.302 IPC – on appeal the high court convicted the accused under sec.302 IPC – Surveyor fixed boundary stone – Accused removed it – deceased when try to refix it – the accused attacked on him with axe on his head and on back resulted in … Continue reading
Sec.304 B – Reason of Death not established – Non- examination of the Doctor – Non- production of Vicesar report – Police , Magistrate – Prosecution all committed grave mistake – resulted in Acquittal under sec. 304 B I.P.C. = Chhotan Sao & Another …Appellants Versus State of Bihar …Respondent = Published in judis.nic.in/supremecourt/filename=41114
Sec.304 B – Reason of Death not established – Non- examination of the Doctor – Non- production of Vicesar report – filed charge sheet – Police , Magistrate – Prosecution all committed grave mistake – resulted in Acquittal under sec. 304 B I.P.C. = We are of the opinion that the conviction of the … Continue reading
Sec.377 of I.P.C. – constitutionally valid – Unnatural offences – Same sex marriage – Bombay high court declared the sec.377 as unconstitutional – Apex court set aside the orders of Bombay high court – and held that sec.377 is a valid one – marriage between same sex is an offence under sec.377 still – Notwithstanding this verdict, the competent legislature shall be free to consider the desirability and propriety of deleting Section 377 IPC from the statute book or amend the same as per the suggestion made by the Attorney General. = Suresh Kumar Koushal and another … Appellants versus NAZ Foundation and others … Respondents = published in/ Cited in / Reported in judis.nic.in/supremecourt/filename=41070
Sec.377 of I.P.C. – constitutionally valid – Unnatural offences – Same sex marriage – Bombay high court declared the sec.377 as unconstitutional – Apex court set aside the orders of Bombay high court – and held that sec.377 is a valid one – marriage between same sex is an offence under sec.377 still … Continue reading
Sections 302 and 120B read with Section 34 of IPC. -Anticipatory Bail – an absconder/proclaimed offender is not entitled for anticipatory bail – high court with out considering these facts granted anticipatory bail – set aside – appeal was allowed = State of Madhya Pradesh …. Appellant(s) Versus Pradeep Sharma …. Respondent(s) = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41048
Sections 302 and 120B read with Section 34 of IPC. –Anticipatory Bail – an absconder/proclaimed offender is not entitled for anticipatory bail – high court with out considering these facts granted anticipatory bail – set aside – appeal was allowed = in Lavesh vs. State (NCT of Delhi), (2012) 8 … Continue reading
Whether the high court can compound the offence under sec.307 I.P.C on compound of parties – Apex court held No = State of Rajasthan .. Appellant Versus Shambhu Kewat and Another .. Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41024
Whether the high court can compound the offence under sec.307 I.P.C on compound of parties – Apex court held No = The Sessions Court, after hearing the parties and considering the oral and documentary evidence, found the accused persons guilty of the offence punishable under Section 307 read with Section 34 IPC, but acquitted them … Continue reading
When the Magistrate can add additional sections himself on the a petition of Complainant /informant after filing a charge sheet by police ? = If F.I.R. was registered on a private complaint – a Magistrate can add additional sections after filing charge sheet by police : If F.I.R. was registered directly by police through information, a Magistrate can not add additional sections after filing charge sheet , only trial court under sec.211 at the time of trial add the same : STATE OF GUJARAT ..Appellant Versus GIRISH RADHAKRISHNAN VARDE ..Respondent = http://courtnic.nic.in/supremecourt/qrydisp.asp
When the Magistrate can add additional sections himself on the a petition of Complainant /informant after filing a charge sheet by police ? = If F.I.R. was registered on a private complaint – a Magistrate can add additional sections after filing charge sheet by police : If F.I.R. was registered directly by police through information, … Continue reading
Sec. 90 and Sec. 376 of I.P.C. = Consent obtained by playing fraud to marry her and committed sexual intercourse and later refused to marry her amounts to Rape as her consent was obtained by playing fraud on her = State of U.P. … Appellant VS. Naushad … Respondent = Published in http://courtnic.nic.in/supremecourt/qrydisp.asp
Sec. 90 and Sec. 376 of I.P.C. = Consent obtained by playing fraud to marry her and committed sexual intercourse and later refused to marry her amounts to Rape as her consent was obtained by playing fraud on her = Section 375 of the IPC defines the offence of rape, and enumerates six descriptions of the … Continue reading
Sec. 304 B of I.P.C. and sec.113 B of Evidence Act = Suicide was committed soon after 5 days of demand of dowry, with in 7 years of marriage, burden lies on the accused to disprove the case – he can not depend on minor latches of prosecution with out proper foundations – High court rightly convicted the husband and confirmed the acquittal of lower court in respect of other accused = SUKHWINDER SINGH …APPELLANT Versus STATE OF PUNJAB …RESPONDENT = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40964
Minor discrepancies like she said at room , at varanda does not change substance of the case= It is true that there can be no compromise on basic legal principles, but, unnecessary weightage should not be given to minor errors or lapses. If courts get carried away by every mistake … Continue reading
Sec.304 B, 306 498 A I.P.C. and sec.3 &4 of Prohibition of Dowry Act – Mere demand of dowry in absence of cruelty can not fasten any liability = All family members are not liable for Dowry death case under sec.304 B I.P.C. r/w sec.113 B of Evidence Act, Unless it is proved their active role or passive connivance in committing the offence , no presumption could be drawn automatically against all = Bhola Ram …..Appellant Versus State of Punjab …..Respondent = Published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40958
Sec.304 B, 306 498 A I.P.C. and sec.3 &4 of Prohibition of Dowry Act – Mere demand of dowry in absence of cruelty can not fasten any liability = All family members are not liable for Dowry death case under sec.304 B I.P.C. r/w sec.113 B of Evidence Act, Unless it is proved their … Continue reading
Acquitted under sec. 302 and 306 IPC – convicted under sec.304 B on interpolated letter , without prove of demand of dowry soon before the death – Apex set aside the orders of lower court and high court and acquitted the accused who are nothing but sister in laws of deceased = = ASHA & ANR. … APPELLANTS VERSUS STATE OF UTTARAKHAND … RESPONDENT = http://judis.nic.in/supremecourt/imgst.aspx?filename=40955
Acquitted under sec. 302 and 306 IPC – convicted under sec.304 B on interpolated letter , without prove of demand of dowry soon before the death – Apex set aside the orders of lower court and high court and acquitted the accused who are nothing but sister in laws of deceased = … Continue reading
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