Indian Penal Code, 1860, Section 302, 460, 396, 149 -- Murder - Recovery of articles - No jewellery or valuable utensils were recovered from any of accused - Recovery memo relates to co-accused who is not a party to present appeal - In so far as recovery of empty shells, gun etc. are concerned, these recoveries by itself is not sufficient to connect accused with alleged..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - PW3 who claimed that accused had made an extra judicial confession had turned hostile - However, evidence of eye witness/PW2/wife of deceased is reliable and there was no error in the eye witness account - Minor discrepancies in the evidence of PW2 would not make much difference - Conviction upheld - However, since..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of physically challenged daughter by her father - Burden of proof - Occurrence took place inside the house of accused - PWs 2, 3 and 5 were very much present in the house when occurrence took place - All of them took the consistent stand that death of victim occurred on account of a fall from..........
Indian Penal Code, 1860, Section 302 -- Murder of physically challenged daughter by her father - Victim died of blunt violence sustained to her head as per doctor who conducted autopsy on the body of victim - However, PW1/informant turned hostile to prosecution and deposed that victim died on account of a fall - Even, all the PWs turned hostile - Only evidence available in..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Place from where accused are said to have fired is not shown in the site plan by I.O - There is no mention in the recovery memo as to which accused had fired the bullet - No bullets have been recovered from the alleged place of incident - Prosecution has not filed the report of FSL - Even, prosecution has..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, 406, 120B -- Second bail application - Dowry death - Accused No.1 is a lady aged about 65 years and has suffered incarceration for about 7 months and 26 days - She is not involved in any other case - Total 18 PWs have been cited and culmination of trial will take its own time - Nothing..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A, 506, 34 -- Cancellation of bail - Dowry death - Issue whether there were specific allegation with regard to demand of dowry, giving beatings to accused, cannot be looked into at this stage and shall be essentially gone into during the course of trial - Bail granted to accused after..........
Indian Penal Code, 1860, Section 376 -- Rape - Refusal to marry - Prosecutrix was in relationship with accused - Contradictions and deviations are in the testimony of prosecutrix - Complaint filed by prosecutrix on refusal of accused to marry her - Prosecutrix went to several places along with accused and accepted gifts from him despite her aversion towards him - She..........
Unlawful Activities (Prevention) Act, 1967, Section 43D, 13, 17, 18, 18(B), 38, 39, Indian Penal Code, 1860, Section 120B, 153A, 153AA -- Bail - Offence u/ss 13, 17, 18, 18(B), 38, 39 of UAPA and Ss.120-B, 153-A, 153-AA IPC - There are reasonable grounds for believing that accusations against respondents are prima facie true and that the mandate contained in S.43(D)(5)..........
Indian Penal Code, 1860, Section 307, 450 -- Attempt to murder - When testimony of victim and relevant witnesses were very much trustworthy and reliable, mere non-recovery of any weapon from second place of occurrence will not be fatal for prosecution case...........
