Indian Penal Code, 1860, Section 302 -- Deceased was forced to take poison - Four accused - Acquittal of three - Held, it is difficult to come to the conclusion that it was the appellant and the appellant alone who was responsible for the death - Accused acquitted...........
Indian Penal Code, 1860, Section 302 -- Acquittal by trial Court - Conviction by High Court - Appeal against - No explanation as to why dying declaration cannot be recorded by a Judicial Officer - Doctor on the basis of whose certificate IO recorded dying declaration not examined - At the time of recording of dying declaration deceased was surrounded by her own relations -..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If two reasonable views are possible on the basis of the evidence on record and one favourable to the accused has been taken by the trial court, it ought not to be disturbed by the appellate court...........
Criminal trial -- Every person is presumed to be innocent unless he is proved guilty by a competent court of law - On acquittal of an accused, presumption of innocence is further reinforced, reaffirmed and strengthened...........
Indian Penal Code, 1860, Section 302, 392, 201 -- Conviction by trial Court and acquittal by High Court - Conviction on basis of last seen theory - PW's who last seen deceased and accused together not reliable - No corroboration to their testimony - Order of High Court confirmed - Appeal dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 20(b)(ii), 8C -- Provision of S.42(1) and 42(2) is mandatory in nature - Recovery of charas on secret information - Entry in Rojnamcha not in compliance of S.42(1) of the Act because reasons that offence has been committed not mentioned - No separate panchnama for compliance of S.42(1) and 42(2) prepared -..........
Indian Penal Code, 1860, Section 302 -- Conviction by trial Court - Acquittal by High Court - Dying declaration - Doctor attending the deceased certified that she was in a fit condition to make the statement - Doctor is an appropriate person to certify on this aspect - Dying declaration cannot be discarded - No reason assigned by High Court as to why declaration made by..........
Indian Penal Code, 1860, Section 300, 304 -- Acquittal by trial Court - Conviction by High Court u/s 304 Part I IPC - Accused exceeded his right of private defence - Injuries on the person of accused minor and superficial in nature - Twenty incised injuries inflicted on the deceased of very serious nature and character - Testimony of mother and nephew reliable - They will..........
Indian Penal Code, 1860, Section 302 -- Murder in Court premises - Acquittal by trial Court - Conviction by High Court - Prosecution not proved case beyond reasonable doubt - 8 PWs including the informant who were independent witnesses did not supported the prosecution case - Prosecution case also not supported by medical evidence and report of FSL - PW who knew the..........
Indian Penal Code, 1860, Section 302 -- Murder in Court premises - Acquittal by trial Court - Conviction by High Court - Prosecution case was that boy was thrown by some of appellants from lst floor on the ground floor - Medical evidence to the contrary as no injuries due to fall found on the body - Post mortem report also did not found any injury on the boy - No evidence..........
