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Indian Penal Code, 1860, S.302 & S.304 Part l–Murder–Modification of Sentence- Gunshot Injury
Bysclaw
Apr 21, 2017By sclaw
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Penal Code, 1860 (IPC) — Sections 323, 302, 364, 449, 450, 380/34 and 120-B —Abduction and Murder — Seven accused were charged, with five initially convicted and two acquitted — The High Court later convicted all seven —Whether the High Court’s reversal of acquittal and conviction of all accused was justified based on the evidence — Petitioners argue that no motive for A-6 and A-7, unreliable witness testimonies, discrepancies in the time of death, and lack of proof of deceased’s residence — Prosecution contends that consistent witness testimonies, sufficient evidence of motive, and proper appreciation of evidence by the High Court — The Supreme Court acquitted all seven accused, finding the High Court’s reversal of acquittal unjustified and the evidence insufficient —Doubts about witness credibility, lack of direct evidence, and improper exclusion of some testimonies by the High Court —The High Court failed to meet the higher threshold required to reverse an acquittal, and the prosecution did not prove the case beyond reasonable doubt —The convictions were set aside, and all accused were acquitted.
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Penal Code, 1860 (IPC) — Sections 498A, 323, 504, 506 read with Section 34 — Cruelty — The complainant filed an FIR against her in-laws under various sections of the IPC, alleging cruelty and dowry demands — The appellants sought to quash the FIR and chargesheet — Whether the FIR and chargesheet should be quashed due to lack of specific allegations and the existence of a civil dispute — Appellants argue that the FIR is vague, lacks material particulars, and is an abuse of the criminal process — The allegations are general and relate to a civil property dispute — Respondent contends that rhe High Court found a prima facie case of cruelty and specific allegations against each appellant — The Supreme Court quashed the FIR and chargesheet, finding the allegations vague and the proceedings an abuse of the criminal process —The Court noted the lack of specific details in the allegations and the existence of a contentious civil dispute between the complainant’s husband and his family — The Court emphasized the need for careful examination of allegations in cases where the FIR appears to be motivated by ulterior motives —The appeal was allowed, and the FIR and chargesheet were quashed.
Sep 28, 2024
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Distinction Between Assault and Jostling/Struggling — The court distinguished between an assault, which involves an intentional application of force or a threat to apply force, and jostling or struggling that may occur during an attempt to resist arrest or escape — The mere act of jostling or struggling, without evidence of intent to assault or use criminal force, does not constitute an offence under Section 353 IPC. Necessity of Compliance with Section 195(1)(a)(i) Cr.P.C. for Prosecuting under Section 186 IPC —The court held that for prosecuting an offence under Section 186 IPC (obstructing a public servant in the discharge of public functions), it is mandatory to follow the procedure laid down in Section 195(1)(a)(i) of the Code of Criminal Procedure (Cr.P.C.), which requires a complaint or report by the public servant concerned or by some other person authorized by him in writing.
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