Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149 -- Murder - Identification of an accused is a fundamental requirement for establishing culpability and where no credible source or circumstances of identification are provided, testimony regarding identification becomes inherently unreliable...........
Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149 -- Murder - Medical evidence - Medical evidence presented is inconsistent with prosecution's narrative - Doctor/PW18 opined that deceased might have died due to excessive bleeding resulting from a fracture of left hip bone - However, prosecution has failed to produce any medical document or hospital record..........
Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149 -- Murder - Identification of accused - Absence of critical information regarding identification of accused especially when the incident occurred at night renders the prosecution's case doubtful - FIR and testimonies of witnesses during trial exhibit material contradictions - Medical evidence presented is..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 396, 412 -- Second bail application - On parity basis - Dacoity with murder - Incident is very serious as four persons have been done to death and injured was seriously injured - Merely because co-accused has obtained bail by concealment of correct facts, parity of such order cannot be..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cruelty - Wife filed the complaint after grant of divorce, a month later - Application filed as a counter blast to fact that husband has two orders in his favour, one by Courts in Austria ordering wife to bring child back to Australia and other, by Courts in..........
Indian Penal Code, 1860, Section 420, 406, 395, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Dispute pertaining to sale of motor vehicle by complainant to appellants and non-payment of remainder amount - Dispute is of civil in nature - Continuation of a dispute pertaining to payment of money and handing over of possession of motor vehicle, would be an..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Testimony of victim is corroborated by evidence of PW3/eyewitness which establishes the occurrence of incident which is further supported by PW4/medical officer - Prosecution has successfully demonstrated that accused assaulted complainant giving a blow to left cheek, which resulted in bleeding from left ear -..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Sentence - Offence in question occurred nearly 16 years ago and petitioner was approximately 35 years old at the time of incident - Petitioner has no criminal antecedents subsequent to his involvement in case - Sentence set aside - Imposition of fine of Rs.500 adequately serves the interests of justice...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210, Indian Penal Code, 1860, Section 394 -- Cognizance of offence u/s 394 IPC - Cannot be taken only on basis of affidavits of witnesses filed by complainant...........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping and murder - PW5 and PW6 have not uttered a single word so as to prove kidnapping as alleged or even that deceased was with them at any point of time in the evening of date of incident - Both PW5 and PW6 have turned hostile - No evidence to either prove kidnapping of deceased or that he was last seen in company..........
