Indian Penal Code, 1860, Section 302, 307 -- Murder - Fire arm injury - Death of deceased by fire arm injury is not disputed and is proved by post mortem report - Place of occurrence was outside the residence of deceased - Disappearance of empty cartridges from the spot is explained as a number of villagers had gathered on the spot and had access to place of occurrence -..........
Indian Penal Code, 1860, Section 302, 304B -- Nature of offence - Death of deceased occurred in her matrimonial home - Accused was not found and absconding - He was arrested after six days of incident - There was no ante mortem injuries as per ocular version of doctor - Offence u/s 302 IPC though not made out but offence u/s 304-B IPC is made out...........
Indian Penal Code, 1860, Section 304B -- Offence u/s 304-B IPC - Act of accused was not such which cannot be substituted by giving lessor sentence then life imprisonment - Medical evidence corroborates facts and circumstances of case - Period of 12 years which accused spent is enough punishment in facts of the case...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Non-recovery of weapon of offence - Where prosecution evidence is otherwise reliable mere non-recovery of weapon of assault would be of no consequence...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Absence of blood on the spot is of no consequence in facts and circumstances of the case where there is no doubt with regard to actual occurrence having taken place and about place where it took place...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Weapon of offence - Injury in question was more probable by `Gandasa' as alleged by accused does not appears to be correct as skull of deceased was found fractured and PW2 has himself stated that he has not seen `Faruhi' - Trial Court thus, rightly recorded the finding that injury in question..........
Indian Penal Code, 1860, Section 201, 380, 435, 457, 477, 120B -- Offence u/ss 201, 380, 435, 457, 477, 120-B IPC - Conviction - The prosecution has failed to produce any evidence about a prior meeting of minds between the Appellant in relation to conspiracy - Therefore, in the absence of such an agreement, even by inference through circumstantial evidence, the Appellant..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, 302, 201, 120B -- Bail - Kidnapping and murder - Petitioner arraigned as an accused on the statement of co-accused - Merely because petitioner was in touch with co-accused, who is his brother, would not by itself be an incriminating circumstance - There is no other material to implicate..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376(2)(n), 328, 343, 450, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping and rape - Prosecutrix went missing from home on 3.1.2021 and later on recovered on 9.1.21 - During this period, prosecutrix deposed, that nothing wrong had happened with..........
Natural justice -- Direction for registration of case u/ss 218, 219 & 221 IPC against petitioner - Impugned order passed without issuance of notice to the petitioner and without giving an opportunity to explain the factual position - Said provisions invoked without initiation of any inquiry or any material on record and in absence of any evidence - Same amounts to..........
