Indian Penal Code, 1860, Section 304PartII, 34, Evidence Act, 1872, Section 11 -- Offence u/ss 304 Part-II, 34 - Custodial death - Plea of alibi - Accused being police officials apprehended deceased and brought him to police station and he was in custody of A-2 officer-i, charge of police station - Station diary, lock up register and arrest register were fudged to cover up..........
Indian Penal Code, 1860, Section 304 -- Offence u/ss 304 Part-II, 34 - Custodial death - Quantum of sentence - Accused are police personnel whose duty is to act in accordance with law - They fudged General Diary Register of police station to put up defence and has taken false plea of alibi - Even false memo was prepared by accused no.2 sending deceased to hospital when he..........
Indian Penal Code, 1860, Section 354, 452, 325, 323 -- Prosecutrix is grandmother of accused - Delayed FIR - Prosecutrix stated that accused entered into her house, caught hold her hands, muffled her mouth and pulled her down and he wanted to spoil reputation of prosecutrix and only for this reason has beaten her - On perusal of this statement it appears that prosecutrix..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Common intention - No evidence on record that accused `L' was having any common intention with Co-accused `B' - PWs stated that they heard some noise at the spot but they did not state as to who fired and how many persons were involved in the occurrence - PW5 stated that he did not identified the person who..........
Indian Penal Code, 1860, Section 307, 323 -- Nature of offence - Single injury found simple in nature on injured, which completely throws away the prosecution story regarding attempt to murder and makes it unreliable - There is complete absence of evidence to infer that accused `B' was having any intention to commit murder of injured - Conviction altered from S.307 to 323..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 363, 365 -- Grant of bail - Appeal - Murder - Allegations against accused are very serious in nature and apprehension expressed by complainant party that accused may misuse freedom and try to subvert prosecution and threaten witnesses and family members of complainant cannot be brushed aside..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 181(4), 201 -- Criminal breach of trust - Misappropriate of Stridhan property - Territorial jurisdiction - Entrustment of stridhan property at place `J' - No averment that it was to be returned at place `J' - No averment in legal notice sent that stridhan articles were to be returned at place `J'..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Misappropriate of Stridhan property - Continuing offence - So long as stridhan property remains in the hands of accused persons, offence of criminal breach of trust continues to take place and fresh period of limitation shall begin to run...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Property given to a Hindu woman at the time of her marriage is her `Stridhan property' - Title of it always remains with wife though possession may be with husband or other members of family - If husband or other members of his family commits an offence of breach of trust with regard to such stridhan they..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 181(4) -- Criminal breach of trust - Misappropriate of Stridhan property - Territorial jurisdiction - Issue as to territorial jurisdiction has to be decided on bare perusal of complaint and material annexed therewith...........
