Indian Penal Code, 1860, Section 302, 452 -- Murder - PW1 who stated himself to be present at the spot and allegedly saw accused fleeing from the spot - He saw the occurrence in a earthen lamp - However, whether earthen lamp was there on the spot or not, has not been made clear by prosecution - Presence of PW1 at the spot becomes doubtful - Prosecution further failed to..........
Indian Penal Code, 1860, Section 302, 201, 452, 506, 34 -- Murder - Circumstantial evidence - Last seen evidence - Conduct of last seen witness PW14 creates dent in prosecution story as he remain silent for a considerable long period i.e nearly one month - PW14 knows the family of deceased and he knows deceased was missing and also knows that family of deceased entertains..........
Indian Penal Code, 1860, Section 427, 452, 323, 506, 34 -- Offence u/ss 427, 452, 323, 506, 34 IPC - Material contradictions and inconsistencies found in statements of PWs - Prosecution story appears to be doubtful and untrustworthy - All the PWs given all together different version regarding infliction of injuries on complainant and his son - More so, PW3/son of..........
Indian Penal Code, 1860, Section 307, 452 -- Attempt to murder - House trespass - Prosecution evidence lacks credence on many counts - There are doubts qua weapon of offence, identification of accused and that it was accused who caused injury on neck of complainant etc. - Intensity of evidence which is required to convict accused is certainly lacking - Motive of accused to..........
Indian Penal Code, 1860, Section 323, 504, 506, 452, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(X) -- Offence u/ss 323, 504, 506, 452 IPC and S.3(1)(X) of SC/ST Act - Complainant and his two witnesses were present on the spot at the time of occurrence - There is no exaggeration, material contradiction or embellishment in..........
Indian Penal Code, 1860, Section 365, 376D, 452 -- Kidnapping - Gang rape - Testimony of prosecutrix - Prosecutrix was not sure about number of persons who committed rape upon her - She in her statement did not implicate accused `P' - DNA profiling obtained from vaginal swabs of prosecutrix though matched with DNA profiling obtained from other two accused but not matched..........
Indian Penal Code, 1860, Section 365, 376D, 452 -- Kidnapping - Gang rape - Testimony of prosecutrix - Prosecutrix alleged that co-accused lifted her at around 11.00 pm and she came back at around 2.30 am - This is a huge gap but there is no allegation of repeated rape upon her - No signs of injuries external or internal on prosecutrix including her private parts - There..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 148, 149, 323, 328, 452, 506 -- Anticipatory bail - Offence u/ss 148, 149, 323, 328, 452, 506 IPC - FIR does not specifically show that it is petitioner, who had caused grievous injury, although he is specifically named in FIR - Fit case for grant of anticipatory bail - Bail granted...........
Indian Penal Code, 1860, Section 435, 436, 452, 427, 379, 149, 506, Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Dismissal of application - As per complainant, village mob was approaching his house and set fire to house, vehicle, etc. - Application u/s.319 Cr.P.C. filed for summoning persons as additional accused whose name was..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 324, 325, 148, 149, 506, 427 -- Anticipatory bail - Offence u/ss 452, 324, 325, 148, 149, 506, 427 IPC - Petitioner is attributed a `simple injury' only and it is not a case that a large number of injuries have been caused to complainant - Bail granted...........
