Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen evidence - Location of mobile tower - Accused convicted on the basis of call details of mobile phones of deceased and accused, as location of both detected at the same place - However, PW 21, officer of Telecom Service, stated that it is possible that even if persons are at a distance..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of various articles at the instance of accused - Without corroboration cannot be made basis of conviction of accused - Evidence produced by prosecution regarding recovery of ration card and voter card of deceased also cannot be made basis of conviction without any corroboration - As..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338, 427 -- Rash and negligent driving - Collusion between jeep and bicycle - Death of bicyclist - Eye witness, PW2, scribe of FIR, supported the prosecution case and was not related to deceased - Even he was totally unaware of antecedent of deceased - PW2 present on the spot, caught hold of accused and carried the deceased..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 120B -- Anticipatory bail - Cheating - Allegations against applicant serious in nature which are weighty - Investigating agency, in order to complete the investigation, required custodial presence and availability of accused - Merely because applicant is 65 years old lady,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 109, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - Petitioner not named in FIR - Prosecutrix did not name petitioner in her earlier statement u/s 164 Cr.P.C. - Co-accused already granted bail - Bail granted...........
Medical Termination of Pregnancy Act, 1971, Section 3, 5, Indian Penal Code, 1860, Section 363, 376 -- Termination of pregnancy - Pregnancy of 22 weeks - Rape victim aged 14 years - Permissibility - Victim is physically weak and is under great medical distress due to unwanted pregnancy - Report of medical Board is not clear and conclusive - There is urgency in the matter,..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Prior enmity between parties - Occurrence took place in heat of moment - Fatal injury was caused by co-accused, as accused caught hold of deceased and co-accused stabbed the deceased in his chest - Accused therefore, could at best be attributed common intention of sharing knowledge of likelihood of..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Plea of accident case - Property dispute between parties - Cause of death is head injury caused to deceased - Accused allegedly caused injuries to deceased with geda and lathi and after killing him, his dead body was thrown below the pulia along with motor cycle - Manner in which liquor bottle was kept between thigh of..........
Indian Penal Code, 1860, Section 468, 471, Criminal Procedure Code, 1973, Section 311A -- Forged signatures - Misappropriation of loan amounts - Specimen signatures - Occurrence was of the year 1983-1986 - Executive Magistrate before whom specimen signatures were given did not have the authority to enquire into or try the case, as S.311-A Cr.P.C. has been introduced by Act..........
Indian Penal Code, 1860, Section 468, 471 -- Offence u/ss 468, 471 IPC - Reduction of sentence - Though accused is more than 75 years of age and is suffering from severe ailments, however, keeping in view the innocence of villagers is misused to siphon the public money, sentence of accused cannot be reduced - Appeal dismissed...........
