Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Proof of - Held, charge u/s 120-B IPC stands proved by showing that two or more persons have agreed to do or cause to do an illegal act or an act which is not illegal by illegal means and that some overt act was done by one of accused in pursuance of same - Where their common object is itself to do an unlawful..........
Indian Penal Code, 1860, Section 302, 34, 120B, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Medical evidence shows that deceased died due to shock and haemorrhage resulting from ante mortem injuries - Statement of eye-witness appears to be trustworthy and their presence at particular place appears to be natural - Offence u/ss 302, 34 IPC proved..........
Indian Penal Code, 1860, Section 120B -- Conspiracy - To attract the offence u/s 120-B IPC there should be meeting of mind of two or more persons for doing an illegal act - A conspiracy is hatched secretly and it is quite impossible to adduce direct evidence to establish the charge of conspiracy - It may not be possible to prove the agreement between the conspirator by..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 120B, 420, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Sanction for prosecution - Petitioner seeking discharge from prosecution u/s.239 Cr.P.C. - Petitioner and other accused involved in taking bribes on false promise of giving admission to complainant`s children in medical..........
Prevention of Corruption Act, 1947, Section 5(2), Indian Penal Code, 1860, Section 120B, 467, 468, 471, 420 -- Reduction of sentence - Conviction u/ss 120-B, 467, 468, 471 & 420 IPC and S.5(2) of Prevention of Corruption Act - Accused convicted by trial Court - High Court upheld the conviction but sentence reduced to one year each - Sentence awarded cannot be said to be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 366A, 506, 120B -- Investigation by independent agency - Petition u/s 482 CrPC for issuing directions to respondent Nos.1 to 5 to conduct fair investigation and to arrest accused-respondents No.6 to 10 or to hand over the investigation to CBI or any other independent agency - Restricted..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 51, Wild Life (Protection) Act, 1972, Section 49, 49B -- Bail - Offence u/ss 120-B, 51 IPC read with Ss.49, 49-B of Wild Life (Protection) Act - Accused arrested at the time of recovery but the bag wherefrom five skins of Wild Animals were recovered was in possession of co-accused -..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 409, 468, 477A, 120B, Prevention of Corruption Act, 1988, Section 1391)(d), 13(2) -- Land acquired for establishing University - Accused filled earth in a most perfunctory and irregularly manner and he obtained a pecuniary advantage of Rs.59.51 lacs - Petitioner discharged as : (a) Allegation..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Injuries found on the dead body of deceased were in consonance with the deposition of child witness who stated that after hearing the noise, she woke up and saw that accused was beating his father - Doctor found that blood had oozed from the mouth of deceased and such injury could be possible as per the case of..........
Indian Penal Code, 1860, Section 120B, 467, 468 -- Offence u/ss 467, 468 & 120-B IPC - Parties compromised - No useful purpose would be served in proceeding with the trial - Proceedings quashed...........
