Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Postmortem report by itself cannot be made sole basis for discharge of accused...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Fact as to whether version given by eye witnesses is correct or not in the light of post mortem report and opinion with regard to cause of death can be adjudicated upon only during trial - No other relevant material has been produced on record to..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing charge, only prima facie case is to be seen - Meticulous evaluation of evidence is not required...........
Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149 -- Murder - Identification of an accused is a fundamental requirement for establishing culpability and where no credible source or circumstances of identification are provided, testimony regarding identification becomes inherently unreliable...........
Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149 -- Murder - Medical evidence - Medical evidence presented is inconsistent with prosecution's narrative - Doctor/PW18 opined that deceased might have died due to excessive bleeding resulting from a fracture of left hip bone - However, prosecution has failed to produce any medical document or hospital record..........
Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149 -- Murder - Identification of accused - Absence of critical information regarding identification of accused especially when the incident occurred at night renders the prosecution's case doubtful - FIR and testimonies of witnesses during trial exhibit material contradictions - Medical evidence presented is..........
Criminal Procedure Code, 1973, Section 482 -- Second petition u/s 482 Cr.P.C. - Maintainability of a second petition u/s 482 Cr.P.C. is contingent upon applicants establishing a material change in circumstances or a subsequent legal development that fundamentally alters the basis of earlier rejection...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Enhancement of - Wife is living separately since 2021 and younger son of parties was not physically healthy - Despite having educational qualification of MBA professional degree wife is unable to maintain herself and minor children due to full time engagement in caring younger son - Dispute..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - When there is a title dispute yet to be adjudicated in the suit, demarcating boundaries as per documents produced by parties, would not be proper - If plaintiff succeeds to prove his title, then in such a case further steps of fixing boundaries and demarcating boundaries would arise - But..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Advocate Commissioner can be appointed to note down physical features of suit property which would include the exact location of property so as to survey number and boundaries existing with regard to suit property...........
