Indian Penal Code, 1860, Section 354, 506, 451 -- Outraging modesty of women - PW3 and PW4 both stated that accused was apprehended at the spot but no quarrel had taken place in their presence and PW2 stated that accused fled away from spot after being caught - These facts also create a doubt in the prosecution case because, firstly, if occurrence has taken place as..........
Indian Penal Code, 1860, Section 302, 498A -- Murder of wife by husband - Death by burning - Victim died in a tragic manner - Merely because it has been shown that there were serious matrimonial disputes between deceased and accused, it cannot be said that it was accused who had set fire to his wife - Presence of accused at occurrence spot at the relevant time is highly..........
Indian Penal Code, 1860, Section 302, 452 -- Murder - PW1 who stated himself to be present at the spot and allegedly saw accused fleeing from the spot - He saw the occurrence in a earthen lamp - However, whether earthen lamp was there on the spot or not, has not been made clear by prosecution - Presence of PW1 at the spot becomes doubtful - Prosecution further failed to..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - PW1, only independent witness, does not even implicate A-9, as he did not see A-9 at the place of occurrence - DW1 examined by defence and deposed against A-1 and other accused but not assigning even factum of presence of A-9 - Abetment of A-9 as alleged not proved beyond reasonable doubt - Embellishments and..........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c) -- Murder - Source of light at the spot - Identification of accused - Incident occurred in agricultural field of complainant where it was dark - Panchnama of scene of occurrence shows no indication of electric light at the spot - Case of prosecution is that accused and six other co-accused..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 3 -- Dowry death - Appreciation of evidence - No iota of evidence is available on record that `M' son of appellant has ever visited native place of deceased to inform about occurrence - Neither any police record is requisitioned to prove this fact nor said witness has been examined as defence witness -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Direct evidence of eye witnesses - Presence of eye witnesses on the spot is doubtful, as discrepancies were found in their statements regarding reaching the place of occurrence, time deceased left the house with or without food and third fire shot by accused before them - PW1, informant, himself denied his presence at..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Medical report that injuries suffered not dangerous to life - Even injured himself disclosed at initial stage that he sustained injuries due to fall and said fact also finds mention in medical slip of injured - Statement of injured cannot be ignored and if this is taken into consideration prosecution story is full..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 7 kg of Poppy husk - Accused acquitted viz. (i) independent witnessnot examined by prosecution; (ii) I.O completed the entire proceedings as to search and seizure within a short span of half an hour, which renders the entire proceedings shown to have been conducted by I.O at the spot, extremely..........
Indian Penal Code, 1860, Section 302, 120B, 34 -- Murder - Conspiracy - Common intention - Sole eye witness of occurrence - PW9, eye witness was at the spot and saw the occurrence taking place - His statement is consistent with medical evidence - Merely because PW9 not named the accused persons before PW17 and PW8 or left for place `G' without joining the investigation or..........
