Indian Penal Code, 1860, Section 302, 148, 149, 34 -- Murder - Major contradictions in deposition given by informant - Material contradictions in deposition of informant regarding the manner in which incident took place and with regard to which information about the incident was given by her grand daughter - Independent witnesses did not support the case of prosecution -..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of panch witnesses of recovery of clothes of appellant as well as victim - Signatures of panch witnesses were obtained on written paper at the instance of police - Said witnesses had no occasion to go through contents of said panchnama - Thus, High Court has committed an error while placing reliance upon stains of..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Merely because prosecutrix has levelled allegations against appellant in FIR and I.O. has deposed before Court with regard to contents of FIR, it cannot be presumed that allegations levelled in FIR are true and correct unless same is proved during course of trial by leading cogent evidence -..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Prosecutrix and her husband/PW2 did not support case of prosecution - Medical evidence also does not support case of prosecution - Three independent witnesses who were present at the place of occurrence though cited as PWs in charge sheet, were not examined by prosecution - Conviction and sentence,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence adduced by prosecution suffered from material discrepancies and whole story put up lacked credence - Although alleged weapon of offence, licensed firearm belonging to co-accused was recovered, no endeavour appears to have been made to subject the same to expert ballistic examination in order to establish whether..........
Indian Penal Code, 1860, Section 498A, 332, 504, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against parents of husband - Vague and omnibus allegations levelled against appellants - No specific instance or occasion detailed with particulars wherein appellants demanded dowry from wife and on refusal of same subjected her to mental..........
Indian Penal Code, 1860, Section 302, 147 -- Murder - Prosecution falsely implicated accused on the ground of enmity and rivalry between deceased and accused - Suspicion and doubt however, so strong cannot take place of proof or evidence - For holding any person guilty for any crime strong evidence beyond reasonable doubt must be adduced by prosecution - Neither there is..........
Indian Penal Code, 1860, Section 302, 300Exception, 4 -- Murder - Infliction of four knife blows to an unarmed person on vital parts of body is indicative of accused acting in a cruel manner - There is no evidence of exchange of blows - Case does not fall u/s 300 Exception 4 IPC...........
Indian Penal Code, 1860, Section 302, 300Exception, 1 -- Murder - No evidence on record to disclose that provocation was so grave and sudden that appellant was deprived of his self-control - Case would not fall u/s 300 Exception 1 IPC merely because infliction of knife blows took place after a quarrel...........
Indian Penal Code, 1860, Section 302, 300Exception, 1 -- Murder - Autopsy report reflects that deceased was inflicted with four knife blows on vital parts of his body - Injuries found on body of deceased in ordinary course would have resulted in death - No defense evidence was led and statement of petitioner u/s 313 Cr.P.C. was one of denial - There was no statement that..........
