Penal Code, 1860 — S. 307 — Requisite ingredients for attempt to murder
In order to attract S 307, the prosecution has to prove, “whoever does any act, with the intention or knowledge, which may cause death and in furtherance to the said…
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…
Penal Code, 1860 — Ss. 302/149 and S. 148 — Eyewitnesses
In this case, presence of witness on spot found was doubtful and there were material contradictions between ocular testimony and medical evidence. The fact that there was only one firearm…
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…
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…
Penal Code, 1860 — S. 149 [Ss. 302/304/149]
In this case of assault by unlawful assembly resulting in death of deceased, there was defective framing of charge by not specifically charging respondent-accused herein under S. 149 IPC. It…
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…
Penal Code, 1860 — Ss. 302 and 148 — Large number of accused involved
For determination of culpability of each accused there is necessity of parsing evidence carefully in respect of each accused. High court has unnecessarily given weightage to some minor contradictions, which…
Penal Code, 1860 — Ss. 302/34 and 201
In this case, death of deceased was due to burning in her matrimonial home. Case was based on circumstantial evidence and involvement of husband and mother-in-law (both appellant-accused herein) of…
Penal Code, 1860 — S. 304-B — Scope of Dowry death
“Dowry” ought to be ascribed an expansive meaning so as to encompass any demand made on a woman, whether in respect of a property or a valuable security of any…