Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 409, 120B -- Quashing of order - Cheating - Investigation of case by police is not held in a fair manner and still statements of complainant and witnesses have not been recorded by I.O - When complainant alleged that statements of complainant and witnesses have not been..........
Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Case of prosecution mainly relied upon testimonies of two eye witnesses - Injuries suffered by eye witnesses and fact that those injuries were noticed by doctors soon after the incident, sufficiently prove the presence of eye witnesses at the time of occurrence - Testimonies of eye witnesses are quite cogent and..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- FIR - Murder - Complainant is an Advocate who tried his best for treatment of his father but on the way he died - He along with other returned back to home and FIR lodged after seven hours from time of incident against unknown accused - Complainant has no suspicion against accused at..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Evidence on the point of motive by PW1 is an improvement on the basis of evidence of PW2 and PW4, whereas best witness of motive has not been produced - Although they were present and also closely related to complainant - This fact will be against..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Chance witness - `P' told to complainant about fact that he saw accused going in fast paces after the incident and he was carrying a country made pistol in his hand - Statement of `P' recorded u/s 161 Cr.P.C - Thereafter accused killed `P' - Witness `P' is not an injured person or a complainant..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Accused are not named in FIR, but name of accused came in the light through evidence of chance witness - Evidence of PWs not fully reliable - Evidence on record would not lead to believe that accused could be only perpetrators of crime - Chain of circumstantial evidence is not complete and do..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Cancellation of bail granted in an offence u/s 376 IPC and S.6 of POCSO Act - Where victim is minor, grounds of love affair between parties and refusal to marry are circumstances which will have no bearing for grant of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - False promise of marriage - No allegation in FIR as to when accused promised to marry victim and whether it was done in bad faith or with intention to deceive her - There is failure on the part of accused to fulfill his promise of marriage made in the year 2017..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Fatal injury inflicted to deceased by accused with lathi, which is commonly carried by villagers - There was no premeditation to the incident - Single injury inflicted by accused proved fatal - Injury is not sufficient in ordinary course of nature to cause death of deceased - Accused liable to be..........
Indian Penal Code, 1860, Section 302 -- Murder of pregnant wife and son - Merely because there is no eye witness in the case, is not enough to come to conclusion that accused is not guilty of offence, particularly when two brutal murders have taken place...........
