Criminal Procedure Code, 1973, Section 157 -- FIR - Sending copy of FIR to Magistrate - Column 15 which pertains to `date and time of dispatch to Court' left blank - PW-12 Sub Inspector who recorded FIR when cross examined was unable to say as to by whom and when copy of FIR was sent to Magistrate - No attempt made to prove as to when and how copy of FIR was sent to..........
Criminal Procedure Code, 1973, Section 157 -- FIR - Necessity of sending copy of FIR to concerned Magistrate - Held, primary purpose is to ensure that truthful version is recorded in FIR and there is no manipulation or interpolation therein afterwards...........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Validity - Very strange behaviour on part of complainant and so many of his friends who were with him to go to an Advocate, that too 15 kms. away, rather than approaching Police Station to report matter - Column in FIR which pertained to date and time of dispatch of FIR to Magistrate left blank - No evidence..........
Indian Penal Code, 1860, Section 302 -- Murder - Eye witness - Identification of accused - Appellants had been known to eye witness as they were closely related as such there could be no difficulty for her to identify even in darkness - Injuries found on deceased duly supported by medical evidence as well as corroborated by evidence of eye witness - FIR lodged promptly -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Dying declaration - 100% burn injuries - No eye witness - Dying declaration was not mentioned in FIR - Complainant is deeply interested in conviction of accused as he admitted that he had a strong enmity with accused on issue of land - All PWs unreliable - Improvements and contradictions in statements of PWs - Dying..........
Injured witness -- Testimony of injured witness has a special status and cannot be rejected unless there are material contradictions and discrepancies therein - If testimony of an injured witness is corroborated by FIR and medical evidence then it does not require any further corroboration from any other witness - In such circumstances, single testimony of an injured..........
Indian Penal Code, 1860, Section 307, 149, 148, 120B -- Attempt to murder - Accused hatched a conspiracy along with co-accused and made a murderous assault on unarmed injured in busy market - No cogent reasons to disbelieve ocular testimony of injured - Medical evidence on record fully corroborates testimony of injured - Held, if testimony of an injured witness is..........
Indian Penal Code, 1860, Section 498A, 506(Part II), Dowry Prohibition Act, 1961, Section 4 - - FIR - Quashing of proceedings - Wife living separately from her husband and i, laws since April 2011 - She filed complaint against husband, his father, mother and sister alleging that on 30.04.2012 they gave threat that if demand of 10 tolas of gold, maruti car and Rs.one Lakh..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 177, 178, 179 -- Cruelty - Jurisdiction - FIR registered at Rohtak - Acts of cruelty and ill treatment meted out to complainant at the behest of petitioner continues both in Delhi and Rohtak - Offence in this case was a continuing one, being committed in more local areas and one of local..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Conviction - Validity - Appellants alleged to have attacked deceased and caused his death in furtherance of their common object - Eye-witness in his testimony not stated about presence of appellants at place of occurrence and did not attribute any role to them in occurrence - Names of appellants..........
