Indian Penal Code, 1860, Section 302 -- Murder - Sentence - Accused were aged about 22 and 24 years at the time of commission of crime - They have already served 15 years and also have chance to be rehabilitated in the society - Subsequent conduct of accused in endeavour to escape also put a question mark on their conduct - Imposing fixed term sentence creates a..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Prima facie there is no evidence which implicate accused directly/indirectly connected to commission of crime - Accused not in any manner facilitated co-accused either in creating or in fabricating alleged forged degree of B.Ed..........
Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence - Summoning of additional accused - Magistrate initially taken the cognizance of offence - It cannot be said that Magistrate had played a passive role while committing case to Court of Session - In such scenario proceeding with regard to issuance of summons to other persons, involved in the crime has..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29, 37 -- Recovery of 32 kg 960 gms charas - Order of framing of charge - Accused implicated on basis of confessional statement of a co-accused which is not admissible in evidence - He is owner of truck - Statement of co-accused to the extent it relates to recovery of charas that had been concealed inside..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 32 kg 960 gms charas - Bail - Order of framing charge against accused is upheld - It is thus, presumed that accused has been prima facie found to be involved in the conspiracy relating to possession of commercial quantity of contraband -..........
Indian Penal Code, 1860, Section 307, 324, 34 -- Nature of offence - Intention to commit murder was of PW2 and not to the injured as per statements of PW1 and PW2 - Testimony of PW1 and PW2 shows that there was no motive for accused who have committed the crime - Presence of accused is admitted at the place of occurrence - However, there is nothing on record to show that..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 120B, 201, 118 -- Discharge - Murder - Complainant in complaint has not named accused as perpetrator of offence rather she stated that she suspects foul play - I.O has not brought even prima facie material in charge sheet as to what was the motive on the part of accused to commit alleged..........
Indian Penal Code, 1860, Section 302 -- Murder - Eye witnesses turned hostile - Other witnesses are formal witnesses and their evidence is not incriminating against accused - Motive of crime not proved - Recovery of weapon of offence is also very doubtful and makes prosecution case highly suspicious - Other co-accused persons with similar role on basis of same evidence..........
Indian Penal Code, 1860, Section 302, 342, 120B -- Murder - Involvement of accused in crime fully established by testimony of PW4 - Ample evidence of conspiracy between all five accused have been duly proved - Nexus between accused and co-accused is also duly established - Defence of accused was not plausible - Testimony of other PWs also proved the involvement of accused..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Quarrel took place between parties regarding borewell prior to incident in question - Threats were administered by accused - Prosecution proved discovery of weapon of offence - Blood group of deceased was found from weapon which was discovered at the instance of accused - More than one injuries..........
