Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Unlawful assembly - Evidence of injured eyewitness shows that appellants were part of unlawful assembly which committed murder and also caused injury to him - Though he was extensively cross examined, his testimony in this regard could not be shaken - Prosecution proved guilt of accused beyond reasonable..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Death occurred 15 days after the incident - Neither cause of death mentioned in post-mortem report nor evidence of PW17 prove that injuries inflicted upon deceased resulted in his death - Medical evidence creates a serious doubt as to whether injuries allegedly inflicted by respondents caused death..........
Indian Penal Code, 1860, Section 376, 506II, 190, 34 -- Rape - Names of applicants are not mentioned in the FIR but in the statements of prosecutrix recorded u/ss 161 & 164 Cr.P.C., specific allegations have been leveled against applicants regarding abetment of committing rape by co-accused with prosecutrix - Prima facie it seems that applicants committed an offence u/s..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 700 days in filing appeal - Grounds taken in application for condonation of delay, do not inspire confidence - There has been a casual, cavalier and lackadaisical approach on the part of appellants all along inasmuch as, it has taken State almost ten months to take a decision for filing of appeal and..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff contended that he was present before office of sub-Registrar on the date of execution of sale deed but on the verbal assurance of defendant 15 days time was extended for execution of sale deed - Defendant did not execute sale deed even after said 15 days - However, plaintiff did not get his..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Demand and acceptance - Trap money was recovered from drawer of co-accused - Appellant was a clerk in Bank who had neither any authority to sanction loan nor work of loan sanction was pending before him - Record reveals that no work of complainant was pending with appellant, neither on the date of..........
Indian Penal Code, 1860, Section 376, 323 -- Rape - Testimony of prosecutrix - Prosecutrix was a major girl studying in first part of B.A. at the time of incident - Though she was subjected to detailed cross examination, she stood firm and unshaken disclosing the incident in detail regarding the presence and participation of accused in ravishing her - Evidence of..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Basic ingredient of S.304(Part II) IPC is presence of knowledge and absence of intention...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Two deceased employees of appellant No.1 while working on sign board were struck by electricity as a result of which they got electrocuted and fell down resulting in multiple injuries leading to their death - It was purely accidental - No prima facie case can be said to be made out against..........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Documents which are part of charge sheet even after they have been supplied to accused might get lost, accused can still ask for certified copy/attested copy of the same at his own expense - Non-supply of a copy of such documents will deprive accused of a meaningful opportunity to put..........
