Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 7, 8, 10, 13(1), 19, Indian Penal Code, 1860, Section 468, 471, 120B -- Complaint u/s 156(3) Cr.P.C. against public servant u/ss 7, 11, 13 & 15 of PC Act cannot be forwarded for investigation in the absence of sanction granted by competent authority u/s 19 of P.C. Act...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 342, 506 -- Bail - Rape - Considering facts and circumstances of case, evidence on record, inordinate delay in lodging FIR and also the fact that trial is at its conclusive end and without expressing any opinion on merits of case, bail application allowed with conditions...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Accused had set deceased on fire and deceased died due to burn injuries suffered by her - Dying declaration of deceased was voluntary and truthful and is corroborated by PWs - No evidence has been adduced which is inconsistent with dying declaration - Conviction upheld...........
Indian Penal Code, 1860, Section 302, 149 -- Murder of four persons of family - Testimony of PW1 - Two daughters of deceased `V' having seen assailants murdering their family members and also causing injury to one of them i.e PW1 - Injuries to PW1 have not been challenged - She fully supported prosecution case as narrated by her in her statement u/s 161 Cr.P.C - Even..........
Indian Penal Code, 1860, Section 302, 149 -- Murder of four persons of family - Pressing of dog squad into service - Dog squad had been pressed into service as per FIR since names of assailants were not known - Even, at the time when PW1 was admitted to hospital, names of assailants had not been disclosed deliberately and for justifiable reasons - Daughters of deceased `V'..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Murder - Two dying declarations - Contents of both the dying declarations are same - Nothing on record to suggest that police or treating doctors had any animosity with accused - Victim was a young lady who succumbed to burn..........
Custody of child -- Claimed by father - Writ of habeas corpus - Mother of children committed suicide - Children are residing with their maternal grandparents - Father of children is involved in a case registered u/s 306 IPC on account of alleged suicidal death of mother of children - Relationship between parents of children remained strained just after some time of..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Double murder case - Circumstantial evidence - Motive - Bald allegation made by prosecution that sum of Rs.80,000 was taken by two deceased from `B' who was owner of shop where accused was working - However, said amount was not payable or due from accused - No evidence is led by prosecution to show that accused would have..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Double murder case - Circumstantial evidence - Last seen theory - Time gap between incident of last seen and time of death is 19-20 hours - Suspicion arises with regard to presence of accused with two deceased or testimony of PW4 about his having lastly seen deceased with accused - Last seen evidence not proved - Accused..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Double murder case - Circumstantial evidence - Recovery of spade and bullock - Recovery effected after 3-1/2 months and there is no independent witness to such recovery - Spade otherwise not sent to forensic examination - Specific circumstance with regard to recovery has not been put to accused u/s 313 Cr.P.C - Recovery not..........
