Prevention of Corruption Act, 1988, Section 13(1)(c), 13(2), Indian Penal Code, 1860, Section 409 -- Offence u/ss 13(1)(c), 13(2) of P.C. Act and S.409 IPC - Entrustment of amount with accused has been proved - Explanation offered by accused is that he entrusted the amount with temporary peon who deposited it in treasury - However, PW1 and PW2 specifically deposed that..........
Indian Penal Code, 1860, Section 465, 468, 471, 477A -- Offence u/ss 465, 468, 471, 477-A IPC - Accused has used challan which is a forged document as genuine, also falsified the accounts and signature and misappropriated an amount of Rs.74,789/- - Offence u/ss 465, 468, 471, 477-A IPC is thus, attracted - Accused rightly convicted...........
Indian Penal Code, 1860, Section 494, 109 -- Bigamy - Prosecution failed to prove the second marriage of accused by producing reliable evidence on record - Three out of five PWs have admitted that they were not present in the alleged second marriage - PW5 stated that he was giving the statement as instructed by complainant - More so, despite having knowledge about alleged..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - No specific overt act attributed to A-2 and A-3 or their joining in attack by A-1 on deceased - Injuries were caused by a Bhujali which was seized from A-1 - Medical evidence does not corroborates eye witness testimonies of PW1 to 4 - Nothing on recorded to show that A-2 and A-3 threw chilly powder and hot oil on..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Participation and role of A-1 in crime is shown as per evidence on record - Fatal injuries caused to deceased by weapon recovered from A-1 - Testimonies of eye witnesses corroborated by medical evidence - Case against A-1 is proved - A-1 rightly convicted...........
Criminal Procedure Code, 1973, Section 228 -- Omission to frame charge u/s 338 IPC - Accused had sufficient notice of allegations of negligence against him during trial - There will not be any prejudice caused to him - Omission to frame charge u/s 338 IPC not fatal...........
Indian Penal Code, 1860, Section 308, 338 -- Nature of offence - Accused being conductor of bus rang the bell without waiting for PW1/injured to board the bus - PW1 fell down on the road and came under left rear wheel of bus - Grievous hurt was caused to PW1 as she suffered fractures of pelvis - Accused did not verify whether passengers had properly boarded the bus - He is..........
Indian Penal Code, 1860, Section 338 -- Offence u/s 338 IPC - Incident occurred in 2005 - Accused has undergone sentence for only 36 days - Sentence of S.I for 6 months will be appropriate punishment - However, looking at the serious injuries sustained by PW1 at the young age of 13 years, she must be adequately compensated - In addition to fine of Rs.50,000/- as imposed by..........
Indian Penal Code, 1860, Section 302, 324, 449, 34 -- Murder - Testimony of child witness - PW1/child witness was hiding in his house at the time of incident and he disclosed the incident to milkman after the accused fled - Said milkman was not examined - There is no support or corroboration to testimony of PW1 - Possibility of PW1 being tutored cannot be ruled out - It is..........
Indian Penal Code, 1860, Section 302, 324, 449, 34 -- Murder - Non-examination of material witnesses - PW1/child witness was hiding in his house at the time of incident and after the incident he disclosed the same to milkman - Prosecution has not explained why milkman was not examined as a witness - He was very important witness who was first person to whom PW1 disclosed..........
