Indian Penal Code, 1860, Section 302, 304(Part I) - - Accused committed the act on spur of moment in a petty quarrel with his wife/deceased - He did not have requisite mens rea to commit offence of murder - Motive of crime not proved on record - But as he is a grown up man, he knew his actions of pressing neck would cause such bodily injury which may lead to death of..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 304(Part I) - - Offence u/s 304(Part I) IPC - Husband allegedly killed his wife by strangulation - Child witness/PW7 is a star witness of prosecution, aged about 8 years at the time of examination in Court - He stated that his father/accused quarreling with his mother sat over her chest and pressed her neck..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - All the four PWs of extra judicial confession are at a wide variance with each other - Further contradictions between two police officers who themselves are not in agreement with each other as to where they have seen accused standing holding axe - Accused cannot be..........
Indian Penal Code, 1860, Section 420 -- Cheating - Introducing a person to bank to open an account, without anything more, does not attract the offence of cheating when person introduced by him subsequently commits an act of cheating against bank - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 325, 34 -- Benefit of probation - Offence u/ss 325, 34 IPC - Offence u/s 325 IPC is punishable for a term which may extend to seven years - Sentence imposed upon accused is of 1 year - Finding of High Court that S.360 Cr.P.C shall not have any application is misreading of bare provisions of Cr.P.C..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 307, 323, 341, 34, Arms Act, 1959, Section 25, 3 -- Cancellation of bail - Attempt to murder - Six other criminal cases were pending against petitioner at the time of granting bail - However, said fact not disclosed during course of arguments at the time of grant of bail - Bail cancelled...........
Indian Penal Code, 1860, Section 302, 34, 201 -- Murder - Circumstantial evidence - Greater burden lies in the shoulder of prosecution to prove its case in a case of circumstantial evidence...........
Indian Penal Code, 1860, Section 302, 34, 201 -- Murder - Circumstantial evidence - Mother of deceased stated that it was accused who came to her house and took away her son/deceased - Three last seen witnesses have seen the body of deceased being carried by accused - Accused arrested on next date and co-accused absconding - Post mortem report shows that deceased was..........
Indian Penal Code, 1860, Section 376 -- Rape - Sole testimony of prosecutrix - Conviction can be based on sole testimony of prosecutrix but at the same time it must be impeachable and beyond reproach precluding any shadow of doubt over her veracity...........
Indian Penal Code, 1860, Section 376(2)(n), 323, 328, 506 -- Rape - Three incidents of rape stated by prosecutrix, but the same is not proved on record - Prosecutrix alleges that accused makes a false promise to marry her - But, evidence on record shows that accused disclosed all the details of his family including his wife and two daughters to prosecutrix - Prosecutrix..........
