Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Power of Appellate Court - Principles governing - (1) An appellate Court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded; (2) Cr.P.C. puts no limitation, restriction or condition on exercise of such power and an appellate Court on the..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - In a given case where admissible evidence is ignored, a duty is cast upon appellate court to reappreciate evidence where accused has been acquitted, for the purpose of ascertaining as to whether any of the accused really committed any offence or not...........
Indian Penal Code, 1860, Section 304B, 498A, 306, Criminal Procedure Code, 1973, Section 386(b)(i) -- Charge u/s 498-A and 306 r/w S.34 IPC - Conviction u/s 304-B IPC - State did not prefer appeal - Appeal filed by accused against conviction u/s 304-B IPC - Held, accused cannot be held guilty of having committed the offence u/s 498-A or 306 IPC on the basis of evidence..........
Constitution of India, 1950, Article 136, Indian Penal Code, 1860, Section 302 -- Murder of wife - Conviction by trial Court - Acquittal by High Court - Supreme Court does not interfere with the judgment if acquittal if two views are possible - Having regard to the fact that High Court has failed to take into consideration the relevant facts and misapplied the legal..........
Indian Penal Code, 1860, Section 302, 34, 201, 34 -- Custodial death - Deceased with six others arrested in connection with a dacoity - Dead body of deceased in decomposed condition found in jurisdiction of police station of adjoining State - PWs 2, 3 and 4 co-accused of deceased in dacoity examined as eye witnesses - Acquittal by trial Court and conviction by High Court -..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - If two views are possible benefit of doubt is to be given to the accused...........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - If two views are possible benefit of doubt is to be given to the accused...........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Accused severed head of deceased from body and took it away - Enmity between parties - PW4 and another witness claimed to be eye witness - Presence of PW4 was natural and no reason to disbelieve him and his evidence stood corroborated by medical evidence - Minor defects and discrepancies not a ground to..........
Indian Penal Code, 1860, Section 498A, 304B, 34, Dowry Prohibition Act, 1961, Section 3, 4, 6, Evidence Act, 1872, Section 3, 113B, Criminal Procedure Code, 1973, Section 313 -- Dowry death - Burden of proof - Once prosecution proves ingredients of offence, presumption arises that accused had caused dowry death and then it is for accused to rebut presumption - When accused..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Appellant fired a short at the neck of PW2 from country made pistol on exhortation of other three accused - PW1 claimed to be eye witness - Trial Court acquitted all but High Court convicted appellant - Trial Court acquitted accused on ground that presence of PW1 was doubtful, who was chance witness who was..........
