Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of weapon of offence - Contradiction in the evidence of PW1 and PW18 regarding recovery of weapon of offence - This makes the prosecution case vulnerable as far as discovery of stick at the instance of accused - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - General statement made by PW8 that he had seen deceased and accused together two years back - PW8 declared hostile - Moreso, other witnesses of last seen evidence also declared hostile - Last seen theory not proved...........
Indian Penal Code, 1860, Section 323, 335 -- Nature of offence - Accused had dealt one lathi blow on the head of deceased causing three injuries - All the injuries are simple in nature - It is thus, a case of simple hurt attracting mischief of S.323 IPC instead of S.335 IPC - Accused convicted u/s 323 IPC...........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Reduction of sentence - Occurrence took place more than 32 years ago - Accused is now aged about 58 years - He had spent some time in prison during trial - It would be too harsh to send accused to prison to serve any further imprisonment of offence u/s 323 IPC - Accused sentenced to period already undergone by..........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - Injured eye witnesses attacked along with deceased No.1 - Reasoning adopted for acquittal of accused qua death of deceased No.2 cannot be imported to that of A-1 and injuries caused to injured eye witnesses - A-1 to A-3 rightly convicted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In prosecution u/s 138 of the Act, complainant is primarily concerned with recovery of money and conviction of accused serves very little purpose...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Accused have made payment of entire cheque amount at very initial stage of proceedings - Complainant cannot be allowed to take undue advantage on basis of technicalities - Proceedings quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 102 kg 950 gms Ganja - Accused is a first offender and he is in custody for more than three years - Trial of case is lingering because of apathy of State - There is no chance of absconding of accused, as his home and hearth is within..........
Indian Penal Code, 1860, Section 363, 376, 342, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and rape of 4-1/2 years old girl - Victim has been consistent in all her statements except statement recorded u/s 164 Cr.P.C and had unequivocally stated that accused had inserted his finger in her private parts - She was able to understand the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29 -- Contraband - Criminal conspiracy - Mere presence of accused at the spot, by itself is not sufficient to establish the ingredients of S.29 of the Act - There has to be cogent and convincing evidence against each of accused charged with the offence of conspiracy...........
