Indian Penal Code, 1860, Section 302, 147 -- Murder - Testimony of wife of deceased - Contradiction in the statement of PW1 is very trivial in nature, which cannot negate or demolish prosecution story - Even if there are some omissions, contradictions and discrepancies entire evidence cannot be disregarded - Undue importance should not be attached to omissions,..........
Indian Penal Code, 1860, Section 302, 147 -- Murder - Motive - PW1 stated that accused wanted to sell ancestral land which was being opposed by deceased - PW2/real brother of accused and deceased in his evidence stated that accused wanted to sell his land which was being opposed by deceased as accused used to drink liquor after selling his land, due to that reason accused..........
Indian Penal Code, 1860, Section 302, 147 -- Murder - Related witnesses - Incident took place in the house of deceased and accused which was only witnessed by PW1/informant/wife of deceased who has been examined - Therefore, question of production of witness from vicinity does not arise, whose deposition finds full support from postmortem report - If murder is committed in..........
Indian Penal Code, 1860, Section 376(2), 376(AB), Protection of Women From Domestic Violence Act, 2005, Section 6 -- Rape of minor girl by her own father - Testimony of victim inspires full confidence - Despite her tender age, her evidence is natural, cogent and consistent and it bears stamp of truth - Her competency to depose was duly assessed by Court and she answered..........
Indian Penal Code, 1860, Section 376(2), 376(AB), Protection of Women From Domestic Violence Act, 2005, Section 6 -- Rape of minor girl by her own father - Victim is a minor below 12 years of age and therefore, question of consent does not arise at all - In view of S.114(a) of Evidence Act, once victim has stated in her evidence that she did not consent to sexual act,..........
Indian Penal Code, 1860, Section 376(2), 376(AB), Protection of Women From Domestic Violence Act, 2005, Section 6 -- Rape of minor girl by her own father - Medical evidence is consistent with prosecution version and has not been effectively challenged by defence - No material has been brought on record to show any prior animosity or motive strong enough for mother to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 465, 468, 471, 120B -- Quashing of proceedings - Cheating - Fabrication and wrongful use of documents - Issues relating to state of mind of executants at the time of execution of settlement deeds, role of respondent Nos.1 to 3 in execution and use of settlement deeds, existence of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 465, 468, 471, 120B -- Quashing of proceedings - Cheating - Fabrication and wrongful use of documents - Adjudication of forgery, cheating or use of forged documents in relation to a settlement deed will always carry a civil element - Therefore, there cannot be any general proposition..........
Indian Penal Code, 1860, Section 279, 337, 304A -- Rash and negligent driving - PW39 has categorically stated that though vehicle was not driven in a high speed, if petitioner had driven the bus little more slower could have avoided accident - Evidence of PW39 is very much believable, cogent and inspires confidence of Court - There is culpable rashness and negligence on..........
Indian Penal Code, 1860, Section 279, 337, 304A -- Rash and negligent driving - Modification of sentence - Case does not involve either egregious conduct or grave negligence or rashness - However, since the vehicle fell into gorge, it unfortunately resulted in loss of life and grievous injuries to several other persons - Petitioner was in prison for a period of 13 days -..........
