Indian Penal Code, 1860, Section 302, 392, 411 -- Murder - Robbery - Deceased strangulated, murdered and robbed - Accused took away about 9-10 tolas gold - Recoveries of gold and hacksaw blade effected at the instance of accused which was used in commission of crime - Son of deceased recognized jewellery - Accused was nephew of deceased and relations between accused and..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Various infirmities were found in evidence of prosecution - Place of occurrence not established to the satisfaction of Court - Merely because PWs 1 and 2 are stated to be eye witnesses coupled with recovery, it cannot be stated that prosecution proved its case beyond reasonable doubt - Benefit of doubt..........
Indian Penal Code, 1860, Section 302, 341, 84 -- Murder - Plea of insanity - Burden to prove insanity is on accused and accused discharged the burden by producing evidence as to his behaviour at the time of occurrence and thereafter his continuous treatment in hospital - However, burden shifts on prosecution not discharged - Though eye witnesses proved that only accused..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused acquitted by giving benefit doubt - Accused is entitled to get benefit of only reasonable doubt i.e. doubt which by rational thinking man will reasonably, honestly and conscientiously entertain and not the doubt of vacillating mind that has no moral courage and prefers to take shelter itself in a vain and idle..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Criminal misconduct - Assets disproportionate to known source of income - Prosecution failed to prove beyond all reasonable doubt the charge of criminal misconduct - Accused not required in law to offer any explanation to satisfactorily account therefor - Benefit of doubt given to accused - Accused acquitted...........
Evidence Act, 1872, Section 3 -- Medical evidence - If there is inconsistency between medical evidence and direct evidence or between medical evidence of two doctors, one of whom examined the injured person and the other conducted post mortem on the injured person after his death or as to the injuries, then in criminal cases, accused is given benefit of doubt and let off...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 105 kg ganja - Recovery effected at the instances of A1 and A2 - A3 who was the mastermind in supplying the contraband could not be arrested at the spot or soon thereafter - He surrendered in the Court but nothing incriminating was recovered from his possession or at his instance - A3's..........
Indian Penal Code, 1860, Section 279, 337 -- Rash and negligent driving by motorcyclist - Injuries sustained by pillion rider - None of witnesses stated something specific with regard to speed of motorcycle being driven by accused at the time of accident - Prosecution failed to prove guilt of accused - Two views possible from statements of PWs as well as exhibits on record..........
Indian Penal Code, 1860, Section 302, 392 -- Murder and robbery - Last seen theory - Accused implicated because looted vehicle found in his possession which was intercepted and seized by constable `J' - Witnesses stated that at time of preparation of seizure memo, no independent witness was present and therefore, they could not be associated with such recoveries - `R' who..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Prosecution failed to prove that accused was driving vehicle rashly and negligently and in high speed - Two different probabilities available on record i.e one on side of accused and other on side of prosecution - Once there are two different probabilities available on record, version which goes to..........
