Criminal Procedure Code, 1973, Section 397, Evidence Act, 1872, Section 3 -- Revisional jurisdiction - Re-appreciation of evidence - High Court in revision cannot in absence or error on a point of law, re-appreciate evidence and reverse a finding of law...........
Indian Penal Code, 1860, Section 395, 397, Evidence Act, 1872, Section 9 -- Dacoity - Test Identification conducted in jail - Identification after two months of arrest but delay not explained - Accused were known to witnesses - Neither any injury caused by accused nor any looted property recovered from possession of accused - Solitary test Identification parade by itself..........
Indian Penal Code, 1860, Section 302, 392, 397, 34 -- Murder - Robbery - Common intention - Appeal against conviction - Only role attributed to accused Nos.3 & 4 is that they caught hold of complainant and embraced him - Nothing attributed to them for attacking deceased - Accused Nos.3 & 4 in such circumstances, could not be attributed common intention which accused Nos.1..........
Indian Penal Code, 1860, Section 302, 392, 397, 34 -- Murder - Robbery - Common intention - Appeal against conviction - Incident occurred all of a sudden when accused met the complainant party who were returning to their home - Version of eye witness PW1 that accused Nos.1 & 2 inflicted knife blows on abdomen of deceased and snatched away his gold chain is accepted by..........
Criminal Procedure Code, 1973, Section 397(3), 401 -- Revisional jurisdiction - High Court is not sitting as a Court of appeal to scrutinize the evidence and material on facts brought before trial Court and appellate Court - Revision jurisdiction of High Court is very limited to the extent as to whether there is correctness, legality or proprietary in the findings..........
Criminal Procedure Code, 1973, Section 227, 228, 397, 401, Indian Penal Code, 1860, Section 406, 34, 36, 376(2)(g), 366 -- Framing of charge - Revision against - Allegations against revisionists that victim was raped by co-accused in furtherance of common intention of co-accused - Held, there is no illegality or impropriety in impugned order framing charges against..........
Indian Penal Code, 1860, Section 302, 397, 404, 34, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of weapon of offence (hammer) at the instance of accused, is not proved, as such recovery effected after 12-13 days of occurrence from an open place, accessible to anybody, raises serious doubt about veracity of prosecution case - More so, as..........
Indian Penal Code, 1860, Section 302, 397, 404, 34 -- Murder - Robbery - Circumstantial evidence - Recovery of money has not been made at the instance of accused - PWs stated that they did not saw who assaulted deceased - Though evidence of last seen is against the accused but it is simply a circumstance - Recovery of weapon not proved on record - Defence of accused that..........
Indian Penal Code, 1860, Section 324, 307, 454, 392, 397, 34 -- Offence u/ss 324, 307, 454, 392, 397, 34 IPC - Accused allegedly came to the spot with covered face, gave beatings to PW2 and pushed him down the bushes and decamped with money - Names of accused not mentioned in the statement of PW2 - Reason given by PW2 that he was under fear cannot be believed - PW2 has not..........
Arbitration and Conciliation Act, 1996, Section 8, Companies Act, 1956, Section 397, 398 -- Winding up - Arbitration clause - Not attracted to winding up proceedings...........
