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SUPREME COURT OF INDIA
Year of decision: 2014
Details
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..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
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 persons not mentioned..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
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..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
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..........
GAUHATI HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376-- Rape - Sentence - Evidence on record shows that accused had planned to rape victim one day ahead - Deposition of witnesses would show that there is corroboration in their statements - No reason to doubt veracity of statements made by witnesses - Defence failed to demolish depositions made by..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 396-- Dacoity with murder - Delay in lodging FIR, not explained - Most of dacoits were unknown persons belonging to other village - No reason for accused who were neighbours to participate in crime without taking precautions to conceal their identities - No evidence of any connection of accused with..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, 364, 201, Criminal Procedure Code, 1973, Section 389-- Appeal against conviction u/ss 302, 364 & 201 IPC - Bail during pendency of appeal - Appellant `R' made a confessional statement that he alongwith other co-accused persons kidnapped the deceased and thereafter murdered him - He also made disclosure about the dead body - The only evidence against..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Exercise of power by High Court - Held, though powers of High Court to re-assess evidence and to reach its own conclusions are as extensive as in an appeal against an order of conviction, yet as a rule of prudence, it should always give proper weightage and consideration..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 405-- Criminal breach of trust - Complainant handed over three gold chains to accused for making a new design chain after melting the old chains - Neither the three old chains nor a new gold chain returned - Prima facie case of criminal breach of trust clearly made against accused - High Court rightly..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 302, 120B-- Murder - Criminal conspiracy - Proof - Appellants/accused persons alleged to have murdered deceased due to rivalry and ill-will between them - Presence of appellants at place of occurrence proved - Motive also proved - Manner in which crime has been committed and accused persons fled away after..........

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