Indian Penal Code, 1860, Section 302, 34, 201, 120B -- Murder - Circumstantial evidence - Recoveries made at the instance of accused would have some corroborative value only when prosecution could have proved and established chain of circumstances i.e motive and last seen which are not proved - There is complete lack of evidence on prior meeting of mind of accused or of..........
Indian Penal Code, 1860, Section 420, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute regarding execution of sale deed - Civil suit is pending between parties - Civil Court is therefore seized of the question as regards legality and validity of disputed sale deed - In such situation it will not be proper to permit..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Criminal conspiracy - Accused was found impersonating actual candidate/co-accused in examination center and was arrested from examination hall - Admit card issued to co-accused and driving license of co-accused were found in possession of accused - OMR sheet, question booklet and answer sheet allegedly filed by..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Criminal conspiracy - Reduction of sentence - Accused persons are first time offenders and occurrence pertains to the year 2012 - Co-accused has since qualified as MCA and is working as such and accused has graduated and is now working as a professional - During last 10 years, accused persons have maintained good..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Circumstantial evidence - PW4 stated that accused came to his house and informed him that he has killed deceased - However, such statement does not find any mention in oral report - More so, delay of 14 hours in lodging oral report not sufficiently explained - Only witness of last seen theory has turned hostile - Even,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 120B -- Bail - Murder - Accused is behind the bars for more than three years and till date trial not concluded - Though 31 witnesses have been examined, but 13 witnesses yet remain to be examined - Considerable time is still likely to be consumed in conclusion of trial, bail granted to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 328, 120B -- Bail - Rape - High Court while allowing bail application has not taken into consideration relevant aspects which are required to be kept in mind - Considering fact that charge sheet has already been filed, accused is already charge sheeted and relevant material is also now a..........
Indian Penal Code, 1860, Section 302, 307, 186, 353, 120B, 121, 121A, 216, 201, 420, 471, 474, 34, Arms Act, 1959, Section 25, 27, 54, Explosive Substances Act, 1908, Section 4, 5 -- Murder - Death sentence - Review - Involvement of accused in the crime is proved on record - Even, disclosure statement was held to have been proved by Courts below - Nothing on record which..........
Indian Penal Code, 1860, Section 302, 396, 364, 147, 149, 120B -- Murder - Circumstantial evidence - Failure of accused in a case based on circumstantial evidence which included last seen together theory to explain u/s 313 Cr.P.C as to under what circumstances victim suffered death, would not be a ground to arrive at an irresistible conclusion that accused were involved in..........
Indian Penal Code, 1860, Section 302, 396, 364, 147, 149, 120B -- Murder - Circumstantial evidence - In a case based on circumstantial evidence if entire chain is duly proved by cogent evidence, conviction could be recorded even if corpus is not found - But when dead body of deceased was discovered from place shown by accused, it is imperative on part of prosecution to..........
