Indian Penal Code, 1860, Section 174A -- Non-appearance in response to a proclamation u/s 82 Cr.P.C - Period of 30 days is required to be afforded to accused to cause appearance after publication is affected, as mandated u/s 82 Cr.P.C - Since a period of only 1 day was afforded to accused for causing appearance after proclamation was effected, FIR registered u/s 174-A IPC..........
Indian Penal Code, 1860, Section 182 -- Complaint u/s 182 IPC - Complaint not filed by competent authority, as it has not been filed by Senior Superintendent of police but was filed by SHO of police - Police has not even registered any FIR on complaint made by respondent - Police could not have taken advantage of its own wrong by first not proceeding on complaint moved by..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witnesses fail to inspire confidence - Eye witnesses did not take injured to hospital and dead body of deceased was found in decomposed condition - If eye witnesses actually witnessed the incident, they would have taken deceased who was in injured condition to hospital for treatment - Incident reported to..........
Indian Penal Code, 1860, Section 302, 143, 147, 148, 149, Explosive Substances Act, 1908, Section 3, 5 -- Bomb blast - Testimony of two eye witnesses - Various contradictions were found in evidence of eye witnesses - Both these two eye witnesses are accused of indulging in arson and throwing bombs at the houses of various residents of same area - Prosecution is not fair..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3(1)(r)(s), Indian Penal Code, 1860, Section 323, 143, 504 -- Anticipatory bail - Offence u/ss 3(1)(r)(s) of SC/ST Act and Ss.323, 143, 504 IPC - General and omnibus allegations made against accused - No whisper or averment in FIR that accused..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 304B -- Anticipatory bail - Dowry death - No serious allegations of any demand of dowry or any such harassment being met out to deceased at the hands of her husband or other members of his family - However, some allegations were made in the FIR that deceased was being administered some substance..........
Indian Penal Code, 1860, Section 458, 323, 34 -- Offence u/s 458, 323, 34 IPC - Appeal against acquittal - Accused rightly acquitted on following grounds: (i) Inordinate delay in lodging FIR; (ii) significant contradiction in statements of witnesses; (iii) PW6 did not name any person as an accused in her police statement; (iv) out of six named accused in FIR, only two were..........
Indian Penal Code, 1860, Section 307, 325 -- Offence u/ss 307, 325 IPC - Accused and injured had no previous enmity - No document pertaining to treatment provided to injured proved on record - X-ray report of injured is suspicious - FIR was highly belated - Prosecution could not prove by clinching cogent evidence that injured received grievous or life threatening injuries..........
Criminal Procedure Code, 1973, Section 157 -- Non compliance of S.157 Cr.P.C. - Even when prosecution fails to prove that S.157 Cr.P.C. was complied with then also the effect thereof has to be assessed - Merely delay in compliance of S.157 Cr.P.C. by itself is not fatal to prosecution - All it does is to raise a doubt that prosecution story may have been concocted at a..........
Indian Penal Code, 1860, Section 307, 353, 332, 427, 186, 109, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(R), 3(1)(S) -- Offence u/s 307, 353, 332, 427, 186, 109 IPC and Ss.3(1)(R), 3(1)(S) of SC/ST Act - Quashing of FIR - Specific allegations of accusing injury to complainant while discharging official duty is levelled in FIR..........
