Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Testimony of eye witness - Improbabilities and inconsistencies were found in testimony of eye witness Viz. : (i) Doubt regarding availability of light at the spot, as eye witness stated that he was carrying a torch but he improved his version by saying that it was moonlit night, however, scientific evidence on..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 201, 34 -- Disclosure statement - Murder - A-1 discloses the room where they had killed deceased and statement also made regarding seizure of his clothes - However, said room was already in the knowledge of Police and police already seized such clothes - It cannot be said that this fact was not in notice..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 201, 34 -- Disclosure statement - Weapon of offence - Murder - Spanner (weapon of offence) recovered at the instance of A-2 - However, except PW14, other witnesses to disclosure statement not supported such statement - Disclosure statement even if taken to be proved, still do not lead to discovery of any..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 201, 34 -- Disclosure statement - Disclosure of room in Sarai where deceased was killed - A-1 volunteered to disclose the room in abandoned Sarai where deceased was killed - But there is no other statement corroborating fact of such disclosure - More so, if offence is committed in said Sarai, then blood..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Last seen together - Deceased was last seen together with A-2 - However, time gap between noticing dead body of deceased and his presence with A2 is enormous - Last seen evidence held, not proved - Motive of crime also not proved - Prosecution failed to prove its case - Accused rightly..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 468, 120B -- Anticipatory bail - Offence u/ss 420, 468, 120-B IPC - As per allegations, petitioner received cheques in name of the firm which was in partnership with complainant, but same were deposited by him in his own firm - However, as per petitioner, cheques were deposited in the firm..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 452, 384, 376D, 506, Information Technology Act, 2000, Section 67(A) -- Anticipatory bail - Offence u/ss 323, 452, 384, 376-D, 506 IPC and S.67(A) IT Act - As per own stand of complainant, she is a mature married woman and has filed her duly sworn attested affidavit to the effect that she has..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 494, 420, 120B -- Anticipatory bail - Bigamy - Cheating - Criminal conspiracy - Second marriage by husband during subsistence of his first marriage - Although husband stated that he had made complainant/wife and other members of her family fully aware about his marital status and that complainant..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Mere recovery of `Datar' (on which no kind of identification was carried out for blood stains etc.) - Would not justify the finding of guilt...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Conduct of witnesses is inexplicable and incredible as if they had seen the blow being inflicted their first duty would have been to step forward to intercede - Even, after informing the father, they did not go back to see the condition of deceased but rather..........
