Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witnesses - Grave contradictions found in testimonies of two eye witnesses - Place of incident is surrounded by sugarcane farms and sugarcane was as tall as 8 feet, thus, PW1 and PW4 are certainly not eye witnesses of incident, particularly when it is unclear as to how far they were from scene of crime -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 149, 120B -- Quashing of FIR - Cheating - Prima facie from documents available on record and from perusal of FIR, petitioners have committed alleged crime - Therefore, at this preliminary stage, it cannot be said that FIR is liable to be quashed - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 354D, 506, 509, 34, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Quashing of FIR - Compromise - FIR cannot be quashed on the ground that victim after attaining majority has decided to compromise matter with accused - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 380, 454 -- Bail - Murder - Accused is involved in heinous offence - After going through challan, it cannot be said that case is of no evidence against accused only for the reason that there is no eye witness of occurrence as per challan nor can it be finally said that circumstantial evidence..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 480, 486, 487, 120B -- Bail - Cheating - Accused submitted that due to communication gap between accused and his counsel, he could not appear before trial Court on date fixed - Bail granted subject to satisfaction of Court with a condition that accused will appear before trial Court on each..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 354A, 341, 323, 506, 509, 34 -- Quashing of FIR - Compromise - Offence u/ss 354, 354-A, 341, 323, 506, 509, 34 IPC - Oral settlement arrived at between parties - Matter has been settled amicably - Complainant has no objection if FIR is quashed - No useful purpose will be served in prosecuting..........
Indian Penal Code, 1860, Section 366, 376(2)(n), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Criminal Procedure Code, 1973, Section 439 -- Bail - Kidnapping and rape - Prosecutrix a major girl - She had eloped with accused number of times and both made physical relations - Prosecutrix visited several places with accused..........
Indian Penal Code, 1860, Section 302 -- Murder of pregnant wife by husband - Circumstantial evidence - Accused attacked deceased with a wooden log and caused her death because of homicidal violence - He himself took deceased to hospital and made a false statement that she suffered a cardiac arrest which was found false after post mortem report received - It is accused who..........
Criminal Procedure Code, 1973, Section 195, 482, Indian Penal Code, 1860, Section 176, 177, 181, 199, 506 -- Private complaint - Offence u/ss 176, 177, 181, 199, 506 IPC - Cognizance of case was erroneously assumed by Court without complaint in writing made by Competent Authority i.e public servant - Trial of case was thus, without jurisdiction ab inito - Charge sheet..........
Indian Penal Code, 1860, Section 323, 325 -- Offence u/ss 323, 325 IPC - Testimony of victim is not corroborated with testimony of eye witnesses - Both the eye witnesses stated that no alleged occurrence was caused by accused and victim had sustained injuries in accident - Accused falsely implicated in the crime due to animosity of causing murder of brother of accused by..........