Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of weapon of offence - Contradiction in the evidence of PW1 and PW18 regarding recovery of weapon of offence - This makes the prosecution case vulnerable as far as discovery of stick at the instance of accused - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - General statement made by PW8 that he had seen deceased and accused together two years back - PW8 declared hostile - Moreso, other witnesses of last seen evidence also declared hostile - Last seen theory not proved...........
Indian Penal Code, 1860, Section 323, 335 -- Nature of offence - Accused had dealt one lathi blow on the head of deceased causing three injuries - All the injuries are simple in nature - It is thus, a case of simple hurt attracting mischief of S.323 IPC instead of S.335 IPC - Accused convicted u/s 323 IPC...........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Reduction of sentence - Occurrence took place more than 32 years ago - Accused is now aged about 58 years - He had spent some time in prison during trial - It would be too harsh to send accused to prison to serve any further imprisonment of offence u/s 323 IPC - Accused sentenced to period already undergone by..........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - Injured eye witnesses attacked along with deceased No.1 - Reasoning adopted for acquittal of accused qua death of deceased No.2 cannot be imported to that of A-1 and injuries caused to injured eye witnesses - A-1 to A-3 rightly convicted...........
Protection of Children from Sexual Offences Act, 2012, Section 6, 5(1), Indian Penal Code, 1860, Section 376 -- Rape - Child victim, 15 years of age at the time of incident, got married with the respondent and they only thereafter had physical relationship - Same cannot be termed as rape - Acquittal upheld...........
Indian Penal Code, 1860, Section 363, 376, 342, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and rape of 4-1/2 years old girl - Victim has been consistent in all her statements except statement recorded u/s 164 Cr.P.C and had unequivocally stated that accused had inserted his finger in her private parts - She was able to understand the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 498A -- Bail - Abetment of suicide - Extra martial affair of husband was disclosed to wife on the first day of marriage - Discovering infidelity shortly after marriage can have profound and devastating effects on the mental and emotional well being of deceased/wife - Deceased had committed..........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Mere fact that items sold to accused `M' were indeed stolen articles, in the absence of dishonest intention and with the knowledge or belief of same being stolen property, it would not be sufficient to attract S.411 IPC - Accused `M' acquitted...........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Only accused `K' has been convicted among all five accused - One person alone can never be held guilty of criminal conspiracy because one cannot conspire with oneself - Conviction and sentence set aside,..........
