Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Murder - Complaint lodged after delay of 11 hours - Explanation given for such delay is that accused threatened complainant and PWs that if anyone is going to complaint about incident he would be killed - However, they failed to explain as to how threats or fear of accused disappeared in the morning when..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 12 kg 200 gms poppy husk - Mentioning of FIR number on consent memo or non-consent memo prepared at the spot - In the absence of any question put to I.O or Gazetted Officer that documents were not prepared by them at the spot, mere mentioning of FIR number in documents cannot be held to be..........
Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Attempt to murder - Non-examination of victim deprives right of cross-examination of accused, which is fatal to prosecution...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 3.750 kg charas - Documents allegedly prepared by I.O at the spot containing FIR number - It seems that entire contents were written in one go - Omissions of I.O to depose after receiving case file and registration of FIR, he had filled relevant column of documents by mentioning FIR number in..........
Criminal trial -- Material contradictions - All the witnesses gave contradictory versions as to who gave the fatal blow to deceased - Same amounts to material contradictions - Material discrepancies corrode credibility of prosecution's case while insignificant discrepancies do not do so...........
Indian Penal Code, 1860, Section 302, 323, 447, 148, 149 -- Murder - Testimony of PWs - Inconsistency in the evidence of first informant and PW1, PW2 and PW4 as to who amongst accused persons gave a fatal blow to deceased - Evidence of brother of deceased does not support prosecution case - Prosecution failed to examine independent witnesses and witnesses are related to..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 394 -- Delay in lodging FIR - Offence u/s 394 IPC - Police chowki is barely 3 kms away from village as admitted by PW1 - Delay of 9 hours in lodging FIR is thus, fatal to prosecution case - Medical examination of informant after a delay of one and a half day also falsifies its story...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, 78 -- Recovery of five bags of poppy husk - Delay of 72 hours in sending sample of poppy husk to office of Chemical Examiner not fatal to prosecution case, as S.78 of the Act does not make any provision of sending sample to FSL within 72 hours but provided only to send the same within reasonable time...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Merely not referring the document sought to be produced in written statement and delay in filing the same, cannot be said to be fatal and on these grounds document cannot be rejected...........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Offence u/ss 304(Part II), 34 IPC - Reduction of sentence - Incident occurred on the spur of moment without any intention to cause any fatal injury - Accused had already undergone 17 months of incarceration - Sentence awarded to accused reduced to period already undergone by him and fine of Rs.50,000/- is imposed...........
