Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased committed suicide by consuming insecticide - Suicide note recovered from dead body of deceased - Though filthy words were used by accused during altercation between deceased and accused just before 1 hour prior to alleged suicide but it cannot be said that accused wanted or intended deceased to commit..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix not supported prosecution case and declared hostile, as she stated that she had not developed any physical relations with accused - She further stated that she had gone on her own volition with accused and stayed with him voluntarily - Doctor who medically examined prosecutrix not given any..........
Indian Penal Code, 1860, Section 302, 109, 148 -- Murder - PW1 daughter of deceased, eye witness to the occurrence stated that accused stabbed her father with knife and fled away - Motive of crime proved on record - PW1 correctly identified assailants amongst 50-60 people who were presented for identification - Defence failed to controvert testimony of PW1 - Prosecution..........
Indian Penal Code, 1860, Section 408, Criminal Procedure Code, 1973, Section 313 -- Criminal breach of trust - Misappropriation of school bus fare - Head clerk of school allegedly misappropriated school bus fare - All teachers deposited bus fare of students with accused - No question of entrustment of bus fare was specifically put to accused during his examination -..........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988, Section 184 -- Rash and negligent driving - Vehicle driven at high speed - By itself not a factor to determine the rashness or negligence without judging the situation in which driver had been placed...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 148, 452, 325 -- Suspension of sentence during pendency of appeal - Accused convicted and sentenced for R.I. for 1 year and to pay fine of Rs.1000/- and in default of payment to further undergo R.I. for 1 month - Retirement of accused is due on 31.03.2017 - Accused is only bread earner in family..........
Indian Penal Code, 1860, Section 302, 304PartI -- Nature of offence - Incident occurred due to sudden fight after exchange of words which resulted in altercation and accused attacked the deceased - There was no pre-mediation - Though accused had weapons in their hands but said weapons were only used during altercation in a sudden fight - Injuries suffered by deceased..........
Indian Penal Code, 1860, Section 304PartI -- Offence u/s 304(Part I) - Accused `A' contended that eye witnesses have not mentioned his name, thus he cannot be convicted - Contention rejected, as evidence of eye witness established that presence of two accused in beginning and accused `A' joined the two other accused - Presence of accused `A' as spoken by PW6 is..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen evidence - Beheaded body of deceased found lying in the Tea estate - Family members of deceased were consistent in their testimonies that deceased and accused were last seen together - Burden is on accused to explain what happened thereafter - No explanation given by accused about events..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of weapon and severed cut head of deceased - Not corroborated by seizure list of witnesses - Recorded version of statement made by accused which led to recovery was not produced by prosecution - There was even no evidence to show as to which particular article was recovered at whose..........