Indian Penal Code, 1860, Section 302, 498A -- Murder - Cruelty - Two dying declarations - Both the dying declarations recorded by I.O and SDM are surrounded by many suspicious circumstances - Investigation has not been conducted fairly - Victim had suffered 45% burn injuries as per MLC report and 30% burn injuries as per death summary report - Post mortem of victim was not..........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Criminal conspiracy - Quashing of proceedings - Averments in complaint so as to infer fraudulent or dishonest inducement made by accused No.1 and accused No.2 pursuant to which appellant parted with money - It is the case of appellant that Respondent No.2 does not have..........
Evidence Act, 1872, Section 9 -- Sniffer dog - Identification by sniffer dog - Contention that identification of accused by sniffer dog cannot be relied upon as it is not admissible in order to prove guilt of appellant - Services of sniffer dog taken for investigation - Said dog traced accused and he was formally arrested thereafter - Accused has not been convicted on..........
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Criminal Breach of trust & cheating - Quashing of proceedings - No objection certificates and other certificates required for lease were obtained fraudulently and with a criminal intention by petitioners - Petitioners contended that matter is purely of civil nature as allegations..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Allegation of malafide based on the facts after lodging of FIR and conducting of investigation are of no consequence as proceedings should not be quashed only on the ground that same were initiated with malafides to wreak vengeance or to achieve ulterior goal...........
Indian Penal Code, 1860, Section 406, 420, 120B, Prevention of Corruption Act, 1988, Section 13(2), Criminal Procedure Code, 1973, Section 482 -- Criminal Breach of trust & cheating - Quashing of proceedings - FIR, Investigation and charge sheet prima facie disclose that accused along with others were involved in alleged offences - FIR and charge sheet have to undergo..........
Indian Penal Code, 1860, Section 397, 120B -- Dacoity - Conviction - Validity - Except stating what eye-witnesses have mentioned in their examination-in-chief, no further discussion is there in judgment of High Court - Testimony of all these persons are believed as gospel truth - Held, High Court was duty bound to consider their testimonies in entirety i.e. along with..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 166, 120B -- Quashing of FIR - Looking to the material collected by police during course of investigation, it cannot be said that petitioners have committed any offence punishable u/ss 420, 467, 468, 471, 166 and 120-B IPC as petitioner No.1 issued death certificate as per directions of SDO..........
Narcotic Drugs and Psychotropic Substances Act, 1985 - - Recovery of 4 bags of poppy husk - Search & seizure - Grounds of arrest was not disclosed to accused - Only official witnesses was examined, no independent witness was examined - Prosecution also did not lead evidence whether Chemical Analyzer received the sample with proper intact seals - In the facts of case and..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25(i)(b) -- Murder - Deceased assaulted by accused persons while he was proceeding towards his house - Role played by eye witness/PW15 at the time of incident is so unnatural that it cannot be believed at all, as he admitted that he was holding licenced revolver but he did not use it to rescue deceased - Even..........
