Indian Penal Code, 1860, Section 302, 201 -- Murder - Acquittal upheld - Case based on circumstantial evidence - Two fold motive attributed to accused to eliminate the deceased along with one other person, not charge-sheeted by police and not even the alleged motive is proved by prosecution - No explanation regarding delay of one week in informing police about..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Acquittal upheld - Death by burning - No eye witness to incident - Relations of deceased with accused not much cordial - Difficult to conclude that incident as suggested by prosecution took place where accused persons set ablaze deceased - Case based solely on two dying declarations which are not reliable as no..........
Criminal Procedure Code, 1973, Section 256(1), 255(1) -- Non appearance of complainant - Acquittal of accused - After accused pleaded not guilty, acquittal of accused can be only u/s 255(1) or 256(1) Cr.P.C. as the case may be, and there is no other provision in between, to order acquittal of an accused on the ground of absence of complainant or otherwise...........
Criminal Procedure Code, 1973, Section 256(1) -- Non appearance of complainant - Acquittal of accused - If complainant is absent on a day posted for evidence or when his presence is absolutely essential and if complainant does not appear without valid reason and Magistrate does not proceed to adjourn the hearing of case to another date, acquittal of accused would be..........
Criminal Procedure Code, 1973, Section 256(1), 255(1) -- Non appearance of complainant - Acquittal of accused - When no evidence is adduced and when complainant is not present and is not ready to let in evidence, Magistrate cannot acquit the accused u/s 255(1) Cr.P.C. - Acquittal in such cases can only be u/s 256(1) Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 1 kg. - Sample was less in weight by 17 grams when it reached CFSL - No explanation by prosecution - This shortage assumes significance, particularly when there was 8 days delay in sending sample to CFSL and when sample seals remained with official witnesses - Possibility of tampering..........
Indian Penal Code, 1860, Section 392, 397, 411 -- Robbery - Looted articles were recovered but not produced by prosecution - FIR does not discloses specific role played by two accused persons - PWs were pre-known to each other - Place of recovery is a busy road but non of independent witness supported prosecution story - Held, factum of robbery as well as recovery of..........
Criminal trial -- Defective investigation - Defect in investigation by itself cannot be a ground for acquittal - There is a legal obligation on the part of Court to examine prosecution evidence de hors such lapses carefully to find out whether said evidence is reliable or not and to what extent it is reliable and as to whether such lapses affect the object of finding out..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Deceased died an unnatural death out of burn injuries as is evidenced by Doctor's report - Charge sheet filed only against mother-i, law of deceased though allegations of dowry demands had also been levelled against brother-i, law and sister-i, law of deceased - Document containing statement of..........
Electricity Act, 1910, Section 44, 39 -- Pilferage of electrical energy - Assessment - Mere acquittal of petitioner in criminal case for his alleged act of pilferage of electrical energy on the ground of no, production of cogent evidence does not confer any right in petitioner to claim innocence in matter of illegal drawing of energy - While considering the nature of..........
