Indian Penal Code, 1860, Section 467, 468, 471, 167, 120B -- Offence u/ss 467, 468, 471, 167, 120-B IPC - Testimony of complainant and CW1 suffer from material admissions and infirmities - Complainant failed to discharge the burden of proving ownership of dispute shop, alleged forgery of assessment register or any dishonest inducement by accused - Ingredients of offences..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Offence u/Ss. 420, 467, 468, 471, 120-B - Acquittal - Forged agriculturist certificate - Testimony of witnesses - Testimony of prosecution witnesses categorically proved that agriculturist certificate was not attached to sale deeds - Testimony of PW7, PW9 and Sub-Registrar, on whose statement prosecution heavily..........
Indian Penal Code, 1860, Section 467, 468, 201, 120B, Criminal Procedure Code, 1973, Section 162 -- Offence/Ss. 467, 468, 201, 120-B IPC - Acquittal - Statement of co-accused - Only evidence available against accused is statement made by co-accused before police - However, such statement is inadmissible as per S.162 Cr.P.C, therefore it is impermissible to rely upon..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Criminal conspiracy - Accused has been roped in commission of offence with aid of S.120-B IPC - However, same has not been proved by leading any cogent evidence - Most important witnesses `P' in whose house conspiracy is alleged to have been hatched is not a prosecution witness - There is no other independent witness..........
Indian Penal Code, 1860, Section 468, 471, 109, 120B -- Forged documents - Allegation that postal cover in which the forged marksheet was purportedly transmitted, bore handwriting of appellant - However, postal cover could not be exhibited in evidence - Non-exhibiting of original document would lead to the only possible inference that postal cover was never proved as per..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Forged sale deed - Trial Court itself examined the thumb impression of vendor on sale deed and after discussing the evidence on record acquitted the accused - Suit filed by vendor for cancellation of sale deed was dismissed by Civil Court - There is no illegality, irregularity or impropriety in impugned orders of..........
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...........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Confession rightly disbelieved as same made in presence of persons with whom accused had not cordial relations - Prosecution has failed to produce any other evidence except so called extra judicial confession - Acquittal upheld...........
Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25 -- Murder - Benefit of acquittal on parity basis - Cases of both co-accused and present accused stand on same footing - If after considering the matter, benefit is given to accused, similar benefit ought to be extended to co-accused - Co-accused acquitted...........
Indian Penal Code, 1860, Section 302, 34, 120B, 504, Explosive Substances Act, 1908, Section 3, 4 -- Double murder case - Bomb blast - Informant of case not supported case of prosecution - I.O also corroborated the fact that informant had not stated anything about bombs being thrown by accused - Two of the accused erroneously convicted and sentenced with death penalty and..........
