Indian Penal Code, 1860, Section 451, 325, 323, 34 -- Genesis of prosecution case is that occurrence of alleged incident started from his scooter being hit by vehicle driven by accused - However, there is no independent witness who saw accident - Fact that complainant has gone to house of accused and thereby he was beaten by accused is not substantiated - Cross case is..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 376, 306 -- Appeal against acquittal - Leave to appeal - Rape - Abetment of suicide - No evidence against accused found by I.O while conducting investigation - Family members of deceased not supported prosecution story and turned hostile - Prosecution failed to give any cogent and reliable..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of railway tickets from possession of accused - PW3, (to whom the tickets were given by accused) not shown tickets to police on the first instance - No explanation was given by PW3 for the same - Statement of PW6 on this behalf is also not convincing when he stated that these tickets..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of key of hotel from possession of accused - PW3 reveals that when police came to their village, they brought key of guest house, besides hotels or guests normally retain one duplicate key of every room - PW3 neither examined nor declared hostile - He was PW and prosecution is bound by..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Entry in hotel register - Only the names of inmates were mentioned in the register - No signatures were obtained - Normally ID and signatures of guests were taken in the hotel register - But that was not done - Entry in hotel register does not prove anything against accused...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Motive - Prosecution stated that deceased had given a debt of Rs.2000 to accused and accused did not want to return the same therefore, he put him to death - However, only Rs.700 was recovered from accused and that too belatedly - No reason as to recovery why not made earlier - Amount recovered..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen evidence - Solitary circumstance of last seen is not sufficient to hold accused guilty of offence, particularly when other circumstances were not proved against accused - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 120B -- Murder of husband by wife - Circumstantial evidence - Two stories of murder developed by prosecution - Both stories were not proved on record - Extra judicial confession of accused does not appeal to logic - Investigation of case from beginning to end was quite lackadaisical and sketchy - Chain of circumstances having many..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 120B -- Suspension of sentence during pendency of appeal - Offence u/s 120-B IPC - Allegation that main accused gave beatings and harassed the deceased at the instance of applicant - However, no strong motive has been alleged by prosecution against applicant - Appeal is not likely to mature for..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 342 -- Quashing of Proceedings - Offence u/ss 323, 342 IPC - Allegation that accused entered into the bathroom of complainant while he was taking bath and tried to commit unnatural offence - Wrong is basically private or personal in nature as complainant has also lost interest and has not..........
