Constitution of India, 1950, Article 136 -- Criminal appeal - Scope - Held, jurisdiction to interfere under Art.136 is extraordinary and power vested in Apex Court is not exercised to upset concurrent findings of fact recorded by two Courts below on a proper appreciation of evidence - It is only in those rare and exceptional cases where appreciation of evidence is found to..........
Indian Penal Code, 1860, Section 363, 396, 34 -- Dacoity with murder - Appeal against conviction - Accused acquitted - Incident committed at night and there was darkness at the scene of incident - Evidence of sole eye witness does not inspire confidence - No reliance can be placed on Test Identification Parade conducted by Tehsildar, as there was infirmity in the conduct..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction - Accused acquitted - Conviction solely based on evidence of PW4 - PW4 mother of deceased, was not present at the spot at time of occurrence and she reached there after occurrence and after gathering facts lodged FIR - FIR is antedated and not lodged promptly - Incident had taken place in a..........
Indian Penal Code, 1860, Section 302, 307, 148, 149, Criminal Procedure Code, 1973, Section 378 -- Murder - Prosecution witnesses made important and material improvements in the original case of prosecution - Evidence of witnesses shows that only one shot was fired on the deceased - Post mortem report shows 16 gun shot injuries on the deceased - Injuries sustained by other..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Conviction of appellant husband - Deceased got married to appellant in Nov. 1995 died in February 2000 by consuming pesticide - Appeal - Parents of deceased deposed that appellant demanded car and demand was satisfied by giving Rs.2 lakhs to him but witness did not claim if deceased was subjected to any cruelty or..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Accused cannot be convicted on the ground that another reasonably view is also possible without holding that judgment of trial court acquitting the accused is based on no material or it is perverse or the view by the trial court is wholly unreasonable or it is not a plausible view or there is no,..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dead body found on the bank of river and was eaten by animals - Age of dead body is completely inconsistence with age of Smt.Rema - Sari, slippers and torch were found on the river bank by villagers but these villagers have not been produced - No recovery memo of these items was ever..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 3 -- Murder - Conviction - Validity - Circumstantial evidence - Accused alleged to have committed murder of deceased, 5 years old boy, and concealed dead body in a cave - Accused were harbouring enmity against family of deceased and had given threat immediately three days before incident - Dead body of..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), (2), 20 -- Illegal gratification by public servant - Complainant put the tainted money in the pocket of accused when accused gave an indication by show of palm - Complainant lodged an oral complaint, written by another person who was not examined - No evidence to show whether money put in pocket of accused forcibly..........
Indian Penal Code, 1860, Section 302, 324, 326, 147, 148, 149 -- Murder - Five persons assaulted and one died - Four injured were alive but only first informant and his sister were examined, rest injured withheld by prosecution - No independent witness to support the prosecution version - Motive assigned was not sufficient - Prosecution failed to establish the place of..........
