Indian Penal Code, 1860, Section 302, 364, 379, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - PW11 identified all three accused in Court, who came at the time when he was washing his car along with deceased and he had last seen all of them sitting in Van on that day - Testimony of PW11 remains intact even during..........
Criminal Procedure Code, 1973, Section 199(2), Indian Penal Code, 1860, Section 499, 500 -- Prosecution for defamation - Complaint against accused filed by Public prosecutor on the very same day on which sanction for prosecution was accorded - Haste with which complaint was filed prima facie indicates that public prosecutor may not have applied his mind to materials placed..........
Criminal Procedure Code, 1973, Section 199(2), Indian Penal Code, 1860, Section 499, 500 -- Prosecution for defamation - Alleged defamatory statements have no reasonable nexus with discharge of public duties by or office of Hon'ble Chief Minister - Remedy u/s 199(2) Cr.P.C and S.199(4) Cr.P.C thus, not available - More so, Public Prosecutor admitted that he filed the..........
Indian Penal Code, 1860, Section 302, 201, 149 -- Murder - Evidence of three eye witnesses - Presence of eye witnesses on the spot cannot be doubted, as mother and brother of deceased immediately proceeded towards deceased along with PW6 in order to give him a torch light, since it was pitch dark - Defence in their cross-examination was not successful in proving that..........
Indian Penal Code, 1860, Section 302, 201, 149 -- Murder - Dead body of deceased was recovered in two pieces and the same identified by step mother of deceased - Motive of crime proved on record, as just prior to incident accused `K' threatened deceased not to give evidence against him in criminal case filed against accused in which deceased was a witness - Evidence of PWs..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Abetment of suicide - High Court prematurely quashed FIR without proper investigation being conducted by police - Court abridged investigation which needed to ascertain certain factual assertions made in FIR concerning existence or no, existence of any prior mental..........
Indian Penal Code, 1860, Section 498A, 406, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC and S.4 Dowry Prohibition Act - Complainant herself stated in her statement that she implicated appellants herein out of anger and they had no role in the family dispute and they were not party in making any demand of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 294A, 420, 120B -- Quashing of FIR - At the stage of investigation - Validity - Offence u/ss 294-A, 420, 120-B IPC - Accused allegedly printed lottery tickets and sold it without permission and amassed enormous profit from the same - Huge amount of cash of Rs.7.2 crores recovered from house of..........
Marriage -- Two individuals consenting to marry - Dictates of Khap Panchayat/Local community/Family - Guidelines issued : Preventive Steps - (a) State Governments should forthwith identify Districts, Sub-Divisions and/or Villages where instances of honour killing or assembly of Khap Panchayats have been reported in recent past, e.g., in the last five years; (b) Secretary,..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 20, Indian Penal Code, 1860, Section 455 -- Plea of juvenility - Raised for the first time in Supreme Court - State admitted age of accused as on date of offence and they were juveniles on the date of occurrence - Incident occurred almost 2 decades back - Entire proceedings including punishment/sentence..........
