Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witness surrounded with suspicion - In fact he is not an eye witness to the occurrence - Informant exhibits unnatural conduct in as much as he did not bother in calling the police after escaping from spot of occurrence - Aspect of availability of eye witness shortly after arrival of police is shrouded in..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 11 -- Murder - Plea of alibi - Prosecution proved its case from the circumstantial evidence on record and conduct of accused showing his motive to commit the murder of deceased - Post mortem report of deceased duly exhibited and proved even in the absence of Doctor having appeared in witness box - Plea of..........
Indian Penal Code, 1860, Section 302 -- Murder of pregnant wife by husband by way of administering poison - Circumstantial evidence - (i) Evidence on record proves that accused intended to kill deceased and purchased poison to cause the end of life of victim; (ii) nature of injuries caused to deceased proved to be case of forcible poisoning when deceased was trying to save..........
Criminal Procedure Code, 1973, Section 216, 217 -- Charge - Addition or alteration - With alteration or addition of charge, if any prejudice is going to be caused to the accused in his defence or the prosecutor in the conduct of the case, Court has to proceed with the trial as if it altered or added the original charge by terming the additional or alternative charge as..........
Indian Penal Code, 1860, Section 304(Part I), 304(Part II) -- Nature of offence - Prior enmity between parties - Injuries caused to both the sides - Accused had no intention to kill deceased, as in case accused had any intention, he had not taken the deceased and injured witness to hospital - However, conduct of accused dragging deceased who had multiple injuries on his..........
Indian Penal Code, 1860, Section 376 -- Rape of a married woman - Consenting party - Testimony of prosecutrix - Evidence on record shows that prosecutrix went along with accused to several places of her own will without making any protest and during this period neither she resisted nor called for any help - Conduct of prosecutrix in keeping silence and not disclosing act..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Prosecutrix alleged that she was in relationship with accused and had been allowing access to accused at her residence in the absence of her mother and had stayed overnight with him - She had been continuing to do so despite knowing that accused was duping her - Prosecutrix had not complained for..........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - Reduction of sentence - Accused aged 60 years had no prior enmity with deceased - He was in litigation with his son who allegedly sold the apple produce without his consent - Accused did not try to abscond during investigation and willfully and voluntarily associated himself during..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1.500 kg charas - Non-compliance of S.50 of the Act - Recovery effected from bag of accused - It was not necessary for police to conduct personal search of accused - However, personal search of accused was carried out - Neither accused were apprised of their legal right to be searched before a..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death by burning - Dying declaration not proved on record - Presence of accused at the place of occurrence also not proved as he had gone for work - Accused was not absconding and in fact I.O himself stated that accused appeared and identified himself - I.O accepted that he failed to conduct inquires and investigate the..........
