Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from Ss.302, 307 IPC to Ss.304, 308 IPC - Nature of injuries which are reported in post-mortem report co-related with FIR - Trial Court while alerting the charge has gone into records of case i.e. Charge sheet, Chik F.I.R., Tahrir, Injury Report, Inquest Report including post-mortem report, Site plan and..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Burden of proof - Informant stated that deceased was badly assaulted before she was killed - Post-mortem report completely belies such statement as no external injury was found on any exposed part of body of deceased - Though there is no explanation about the circumstance..........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Witnesses who are sought to be summoned were not examined as prosecution witnesses though they were witnesses of inquest - Order declining request of accused to summon defence witnesses suffers from legal flaw and is not sustainable...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Dowry death - Cruelty - Deceased sustained injuries on account of accident as per dying declaration - Accused himself had sustained 8% burn injuries in trying to extinguish fire sustained by deceased coupled with the fact..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused stabbed deceased with a double sided knife - Injuries disclosed by post mortem report and inquest report are consistent with deposition of PW1 and PW16 - Nature of complaint is thus, supported by evidence of PW1 and PW16 - Weapon of offence i.e knife recovered at the instance of accused and forensic report also..........
Criminal Procedure Code, 1973, Section 156(3), 174 -- Registration of FIR - Case can be registered for investigation by lodging FIR on receipt of information about commission of cognizable offence, even without conclusion of inquest proceedings initiated u/s 174 Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3), 174 -- Registration of FIR - Magistrate can order registration of FIR u/s 156(3) Cr.P.C during pendency of inquest proceedings before police...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Skelton of deceased was found wrapped in cloth - Though skeleton was sent to Forensic examination but no DNA profiling was made - Evidence regarding identification of dead body of deceased is not conclusive - Prosecution has not explained discrepancies in the investigation of case - Pair of anklet was found and seized..........
Evidence Act, 1872, Section 3 -- Preparing of Mahazar, sketch and inquest report - Not signed by independent witness despite presence of scores of persons - Evidence of prosecution that independent witnesses did not volunteer to do so - Cannot be accepted - When large number of persons were available it is incomprehensible as to how all of them refused to sign the..........
Indian Penal Code, 1860, Section 364, 302, 120B -- Kidnapping and murder of two minor children - Circumstantial evidence - Recovery of school bag - When bags were recovered beside dead bodies itself on the day of inquest by police, then how could a bag be recovered at the instance of disclosure statement of A-2 - Recovery is not free from contradictions and inconsistencies..........
