Indian Penal Code, 1860, Section 395 -- Dacoity - Major contradictions have surfaced from evidence of PWs which is sufficient to discredit PWs - Doctor has not been examined to prove medical report in respect to injury sustained by injured witnesses - Prosecution case is thus, not corroborated by medical evidence which would be fatal for it - Guilt of accused not proved -..........
Indian Penal Code, 1860, Section 395 -- Dacoity - Non-examination of Investigation officer (I.O) - I.O is a material witness and non-examination of I.O has caused prejudice accused since accused lost opportunity to cross-examine I.O - Factum of non-examination of I.O by prosecution goes to show that prosecution has not come up before Court with clean hands - Prosecution..........
Indian Penal Code, 1860, Section 34 -- Common object - Fight between deceased and A-2 - A-1 handed over gun to A-2 asking him to have better aim and shoot deceased, which he did not do - Thereafter A-1 took the gun back and shot the deceased - That does not mean that A-2 played a role in instigating A-1 to commit the offence - A-2 cannot be held liable u/s 34 IPC for..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Parties assembled at the place of occurrence for the purpose of celebrating the birthday of PW24 - Quarrel happened suddenly between deceased and A-2 while consuming liquor - Though it is stated that A-1 had made an attempt to shoot the deceased - Very said fact alone cannot be a ground to bring it..........
Indian Penal Code, 1860, Section 304(Part I), Arms Act, 1959, Section 27 -- Offence u/s 304(Part I) IPC and S.27 of Arms Act - Reduction of sentence - A-1 has already undergone a period of 8 years and 10 months of actual incarceration, with remission he has undergone about 10 years and 2 months - He was married and having 16 years old daughter and his father is bedridden -..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 323, 504 -- Benefit of probation - Offence u/ss 323, 504 IPC - Offences for which accused were convicted, do not entail the punishment of death or life imprisonment - Benefit of probation thus, can be given to accused taking into account the nature of offences - Moreover, accused have no criminal..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Two projected eye witnesses have contradicted each other on every material aspect of the case - Case of prosecution is full of inconsistencies and no reliance can be placed on the testimony of said eye witnesses - Opinion of doctor that deceased died due to shock and hemorrhage is quite revealing - Guilt of accused not..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Cruelty - Deceased died within seven years of marriage - Evidence of PWs do not support prosecution case that deceased was subjected to any cruelty by accused or that deceased was harassed by accused for color TV - Circumstances of case are not sufficient to connect accused with alleged offence - Prosecution..........
Indian Penal Code, 1860, Section 415, 416 -- Cheating by impersonation - Mere impersonation is not an offence - Offence is attracted only when along with impersonation, accused indulges in cheating...........
Indian Penal Code, 1860, Section 415, 416 -- Cheating by impersonation - Offence of cheating by impersonation occurs only when due to impersonation, some damage or harm to body, mind, reputation or property takes place or is likely to take place...........
