Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.306 IPC to S.302 IPC - Charge framed u/s 306 IPC - Complainant or State did not challenge that charge - Satisfaction of trial Court qua charge attained finality - Mere allegation of complainant that his son is murdered is not sufficient to frame charge u/s 302 IPC, in absence of any other..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.306 IPC to S.302 IPC - Last seen evidence - Merely evidence of last seen with deceased is no ground to frame charge u/s 302 IPC against accused, unless it is accompanied by other facts which constitute a complete chain to incriminate accused, which leads to only one conclusion that it is accused only..........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - For an offence or different offences committed in course of same transaction - Not permissible and is violative of Art.21 of the Constitution...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Connotes investigation of case in continuation of earlier investigation with respect to which charge sheet has already been filed - In case fresh offence is committed during course of earlier investigation, which is distinct from offences being investigated, such fresh offence cannot be investigated..........
Criminal Procedure Code, 1973, Section 438, Punjab Excise Act, 1914, Section 61, Indian Penal Code, 1860, Section 420 - - Offence u/s 61 Punjab Excise Act and S.420 IPC - Liquor recovered from vacant plot accessible to all - There is nothing on record to attach petitioner with the said recovery - Petitioner has already joined the investigation and he is not required for..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Delay may be condoned if complainant appears to be reliable and without any motive for implicating accused falsely...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 365, 352 -- Delay in lodging FIR - Abduction and assault - A-1 acted as a benefactor to family of complainant and had helped them financially and otherwise on multiple occasions - PW1 under such circumstances, might have been reluctant to lodge a complaint immediately after occurrence of said..........
Criminal Procedure Code, 1973, Section 311 -- Examination of expert and marking Forensic Lab report of expert along with documents sent for comparison - Entire criminal proceedings initiated on the basis of enquiry report u/s 81 of T.N Co-operative Societies Act - Proposed document to be marked by prosecution is nothing but FSL expert report filed by Enquiry officer - No..........
Criminal Procedure Code, 1973, Section 144 -- Imposition of prohibitory order - District Magistrate imposed restriction for purpose of completion of Lok Sabha Election 2019 - Intention behind such order is to ensure public tranquility and avoid breach of peace, thereby ensuring that there is no endangerment to human life or property - Said restriction thus, cannot be held..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Murder - Delay in lodging FIR - FIR reduced to writing on basis of written report lodged by complainant - There is correction as to time of offence in FIR - However, considering the fact that carbon copy also produced of document, same also indicates that time was corrected when FIR was..........
