Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34 -- Bail - Murder - Accused is in custody since 2022 but only 1 out of 19 PWs had been examined so far - Trial of case is not likely to be concluded anytime soon - Co-accused have already been granted bail - Further incarceration of accused is not required - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Indian Penal Code, 1860, Section 307, 332, 279, 337, 353 -- Bail - Contraband - Independent witnesses have blatantly denied to give their support to fact of recovery of contraband made by police - Taking of vehicle and accused from the crime scene to police..........
Indian Penal Code, 1860, Section 376(2)(g), 506(1) -- Rape - PWs on account of a long gap between examination-in-chief and cross-examination, were won over by accused and they resiled from the version as deposed in the examination-in-chief which fully incriminates the accused - However, evidence of victim and her mother, aunt when tested with FIR, statement recorded under..........
Indian Penal Code, 1860, Section 174A, Negotiable Instruments Act, 1881, Section 138 -- Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of N.I. Act already stands withdrawn by complainant on having received the entire cheque amount - No useful purpose is going to be served by carrying on with the proceedings arising out of FIR - FIR u/s 174-A..........
Indian Penal Code, 1860, Section 384, 506, 511, 34 -- Offence u/ss 384, 506, 511, 34 IPC - Evidence of PW1 was not specific as to who had entered into chamber and demanded hafta amount of Rs.500 - When there is no overt act of accused, conviction should not be recorded on the basis of assumption and presumption - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witnesses - Eye witnesses were closet relatives of victim - They allegedly saw fatal assault on victim and yet did not take any step to save him from assault - Eye witnesses who were standing or moving at ground level could not have seen gunshots being fired at deceased from roof of house of co-accused -..........
Indian Penal Code, 1860, Section 498A -- Mental cruelty - Compelling a married woman to live in her parental home on account of non-fulfillment of demand of dowry would amount to mental cruelty...........
Indian Penal Code, 1860, Section 396 -- Dacoity - Deceased died due to injury caused by bomb explosion, as dacoits while committing dacoity hurled bombs - All PWs categorically stated that they knew accused prior to occurrence and they identified accused as dacoits, as none of accused had masked their faces - Statement of PWs on identification of accused is consistent and..........
Indian Penal Code, 1860, Section 307, 326 -- Nature of offence - Incident occurred between two family members - There are discrepancies and inconsistencies in the evidence of PWs - However, crux of prosecution case is unshaken and undeniable in view of evidence of injured witness being corroborated by medical evidence - Injury was received on the vital part of body of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Burden of proof - Circumstances leading to murder of deceased were in the exclusive knowledge of appellant - He has offered no explanation as to the manner in which deceased was strangled to death within the confines of the room where only he and deceased were present -..........
