Penal Code, 1860, Section 193,194,211,218 -- Suspension of sentence - Allegation against the appellant that he prepared false records to have 'H - implicated in a case of murder - A large number of prosecution witnesses turned hostile - Appellant, who was posted as SI/SHO of Police Station, could not have prepared false record (zimnis) without the support of other police..........
Penal Code, 1860, Section 148,458,149,395,302,149 -- Murder - Circumstantial evidence - Appreciation of evidence - Testimony of PW-5 held totally false - The moment this important link of the prosecution story falls on the ground, then the only inference is that the appellants did not hire the services of 'H - and 'B - for the elimination of deceased - Misguided suspicion..........
Maxim -- 'Falsa demonstratio non nocet cum de corpore constat' - It means that a false description does not vitiate the deed of transaction...........
Indian Penal Code, 1860, Section 302, 34, 201, 34 -- Conviction on the basis of last seen together - Giving false explanation of whereabouts of deceased - Having knowledge of dead body of deceased - Recovery at his instance - Co-accused acquitted - Can be convicted u/s 302 and for no other offence - Appeal partly allowed...........
Criminal Procedure Code, 1973, Section 197 -- Police Officer - Prosecution - Sanction - Complaint against Police Officer that he harassed, levelled false charges and involved the complainant and his brother in a false case - Held, the question whether the acts alleged were committed and or whether the police official acted in discharge of his duties can only be examined..........
Indian Penal Code, 1860, Section 302, 498A -- Murder of wife - Conviction of husband - Circumstantial evidence - Wife ill-treated and tortured and driven out of matrimonial home on two to three occasions - Wife last seen in company of her husband - Recovery of dead body from river at the instance of accused - Ornaments put on by wife recovered from almirah of accused -..........
Criminal trial -- Administration of criminal justice - (1) Accused is presumed to be innocent unless such a presumption is rebutted by the prosecution (2) If two views are possible, one indicating to the guilt of the accused and the other to his innocence, the view favourable to the accused to be accepted; (3) Where Court entertains reasonable doubt as to guilt of accused..........
Motive -- For the reason alone that motive is very meagre or there is absence of motive the prosecution story cannot be thrown out as false or regarded improbable or suspicious - The Court in such cases has to be on its guard and should scrutinise and weigh the evidence with particular care and caution - If as a result of it, it comes to the conclusion that the evidence is..........
Car -- Refund - Non-delivery of car - False representation / dishonest intention on the part of the dealer in neither delivering the car nor refunding the amount thereof despite receiving the entire price of the car - Rightful claim of the litigant cannot be thwarted merely on technical ground like retirement of officials of manufacturing company of the car - Order of..........
Indian Penal Code, 1860, Section 302 -- Murder - Police reached the spot within 15 minutes of commission of offence - PW named accused persons - Plea of accused that they were falsely implicated due to enmity with PW repelled - There was hardly any scope for false or over implication within a short span of about half an hour...........
