Indian Penal Code, 1860, Section 302, 304B, 498A, 201 -- Murder - Circumstantial evidence - Allegation against father-in-law - Conviction upheld for following reasons: (i) unnatural death of deceased which was not accidental but homicidal as established from medical evidence; (ii) death occurred inside the house occupied by accused which was under his control; (iii) FIR..........
Indian Penal Code, 1860, Section 354, 457 -- Offence u/ss 354, 457 IPC - Evidence of PW2 is corroborated by PW3 and PW4/independent witness - Apart from certain minor discrepancies in evidence, no material contradictions affecting core of prosecution case have been brought out - There is also no case for accused that PWs 2, 3 and 4 has any scores to settle with him in..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Identification of accused - I.O. himself admitted that no TIP was conducted - He deposed that three villagers had allegedly identified accused in connection with occurrence, but not a single one of them was examined by prosecution - Failure of prosecution to examine these vital witnesses strikes at the root of case..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - No independent witness came forward in the case to support the factum of illegal relationship of wife with respondent no.2 - All the PWs are family members of husband - Even, husband failed to brought on record any proof regarding illicit relationship of wife - In order to make a legal ground in divorce..........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Major discrepancies and contradictions found in statements of PWs - Thus, statements of PWs qua genesis of incident cannot be relied upon, as witnesses examined by prosecution are highly interested witnesses - Admittedly, place of occurrence was a busy..........
Indian Penal Code, 1860, Section 302 -- Murder - Merely on basis of fact that no independent witness had come forward to support prosecution case, prosecution story as set up by prosecution cannot be discarded...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of two eye witnesses - Deceased and his wife had gone to village pond with their buffalo while brother of deceased saw the incident when they were proceeding towards his house - Both were most natural witnesses - Merely because no independent witness was examined would not create a doubt in prosecution case -..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 27, 30 -- Murder - Witness turned hostile - Conviction - As per record, no discovery of fact made on the basis of confession of A1 regarding place of conspiracy and transaction of money - Further, the clothes and machetes allegedly worn by A5& A6 were recovered based on confession statement of A3 the..........
Indian Penal Code, 1860, Section 302, 307, 34, 100 -- Murder - Right of private defence - Incident took place in front of house of appellant when PW2/injured eye witness was returning from Talab after washing his body - As appellants saw accused `D' being assaulted, they in exercise of their right of private defence assaulted PW2 and all others who intervened - Therefore,..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Demand and acceptance - Star witness/complainant stated that accused used to trouble her, humiliate her and not grant her leaves, but she nowhere stated that there was any demand of money as bribe which is the most essential ingredients for conviction for an offence u/ss 7, 13(2) of the Act -..........
