Indian Penal Code, 1860, Section 300 -- Murder - PW3 stated to be an auto-driver who, according to him, when was crossing road, saw occurrence - At same time, he stated that he left place - It could not be pointed out as to at whose instance it became know that witness was also an eye-witness - Other witnesses did not name him as an eye witness atleast in their initial..........
Indian Penal Code, 1860, Section 300 -- Murder - PW3 has stated that at time of occurrence, he was driving auto and at other place, it is stated that he was standing at corner when he saw incidence - It has also come on record that he was known to family of victim - Therefore, possibility cannot be ruled out that at instance of family members of deceased, he agreed to give..........
Indian Penal Code, 1860, Section 279, 337, Motor Vehicles Act, 1988, Section 181, 192, Criminal Procedure Code, 1973, Section 482 -- Rash and negligent driving - Non-fatal accident - Quashing of FIR - Compromise arrived at between parties - Interest of justice would be met, if proceedings are quashed - It is a fit case to exercise the powers u/s 482 Cr.P.C. - FIR and..........
Indian Penal Code, 1860, Section 342, 392, Navy Act, 1957, Section 77(2) -- Bank robbery - Chance finger prints - Chance fingers prints found identical to finger prints of accused `A' and `U' - However, negatives of such finger prints were not produced - Such lapse cannot result in acquittal - Criminal trials should not be made casualty for such lapses in investigation or..........
Criminal Procedure Code, 1973, Section 91, Indian Penal Code, 1860, Section 403, 406, 420, 120B -- Summons to produce documents - Offence u/ss 403, 406, 420, 120-B IPC - Case is at the pre-charge stage - Application u/s 91 Cr.P.C filed and heard in casual manner, as no list of witnesses was furnished and no summons have been issued for the purpose of summoning the..........
Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry death - Cruelty - Abetment of suicide - Deceased committed suicide after 5 years of her marriage by jumping into well - No evidence as to specific demand of dowry soon before death of deceased - Demand if any was made before two years of death of deceased - There is also no any evidence on record about any ill..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of blood stained articles - It is neither necessary nor always possible for prosecution to link the blood to injury by grouping and it may be sufficient for prosecution to establish the existence of human blood on recovered articles...........
Indian Penal Code, 1860, Section 302 -- Murder - Motive - Accused was suspicious of illicit relations between deceased and his wife and was nursing his grudge against them for this reason - Said fact is proved from the testimony of wife of accused and friend of accused - Violence at the hands of accused against his wife and prior threats to deceased stand proved on record..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Statement made by deceased to his son PW2 regarding the incident proved on record - Its genuineness supported by fact that it stands mentioned in Rukka as well, which is the first document in this regard - Said statement cannot be disbelieved as it finds corroboration in..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of various articles - Merely because blood stained jersey was not recovered on the day of incident, it cannot be doubted of the said recovery particularly, when jersey was not found lying in open but was found lying in some bushes which were at distance of about 100 meters from the scene of..........
