Penal Code

Penal Code, 1860 — S. 300 [S. 300 Thirdly] and Ss. 341, 447, 504 and 506 — Determination of Case whether one of murder, when the assault is not made with any weapon, but only by legs and hands

In this case, material clearly established that after deceased fell down with the help of co-accused, accused K kicked and assaulted deceased on his neck with his legs and hands. Ocular version supported by medical evidence, which indicated that the deceased suffered abraded contusion of reddish blue colour on the neck area and abraded contusion […]

Penal Code, 1860 — S. 300 [S. 300 Thirdly] and Ss. 341, 447, 504 and 506 — Determination of Case whether one of murder, when the assault is not made with any weapon, but only by legs and hands Read More »

Penal Code, 1860 — Ch. XVIII (Ss. 463 to 489-E) — Offences relating to documents and property marks:

Facts not relevant/ not sufficient for giving a clean chit to the accused concerned, nor for quashment of criminal proceedings. Quashment of FIR by High Court against private respondents on ground that fabrication of documents is permissible if it does not cause loss to the revenue, held, completely unsustainable. No purpose of sending the matter

Penal Code, 1860 — Ch. XVIII (Ss. 463 to 489-E) — Offences relating to documents and property marks: Read More »

Penal Code, 1860 — S. 34 — Common intention contemplated under — Need to establish prior concert — What is Prior concert

Common intention contemplated by S. 34 IPC pre-supposes prior concert. It requires meeting of minds. It requires a prearranged plan before a man can be vicariously convicted for the criminal act of another. The criminal act must have been done in furtherance of the common intention of all the accused. In the present case, the

Penal Code, 1860 — S. 34 — Common intention contemplated under — Need to establish prior concert — What is Prior concert Read More »

Penal Code, 1860 — S. 363 —— Ingredients of Kidnapping, in case of minor under 18 yrs of age

In the present case, alleged abductee (17 years old at the time she left her parental home) had clearly stated that she was neither taken away nor induced and that she had left her home of her own free will. Hence, held, ingredients of S 363 not made out. Kidnapping, held, would necessarily involve enticing

Penal Code, 1860 — S. 363 —— Ingredients of Kidnapping, in case of minor under 18 yrs of age Read More »

Penal Code, 1860 — Ss. 498-A and 304-B — Dowry death and cruelty — Duty of court while proceeding against relatives:

The courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths and must keep in mind that relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out. None of

Penal Code, 1860 — Ss. 498-A and 304-B — Dowry death and cruelty — Duty of court while proceeding against relatives: Read More »

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