Criminal Procedure Code, 1973, Section 216 -- Addition of charge u/s 458 IPC - Incident in question not occurred in the house of complainant as alleged by him, but in fact it took place outside his residence - Neither were complainants armed with lathis, sariyas or any other weapons, as alleged by them in FIR, nor it was found that during the investigation that articles in..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of firearm - Discrepancy on the mode of travelling to place from where recovery u/s 27 of Evidence Act was made along with witnesses - Contradictions were found with respect of place of arrest followed by disclosure statement - Ballistic report is inconclusive with respect to firearm..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence as deposed by prosecution witnesses itself would demonstrate that version of prosecution may not be correct - Conviction set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 9 -- Murder - Non-holding of Test Identification Parade (TIP) - Witnesses had already been exposed to accused in police station - After all, TIP is only a part of an investigation and therefore nothing more can be attached to it - It is the duty of prosecution to prove its case beyond reasonable doubt -..........
Indian Penal Code, 1860, Section 34 -- Common intention - There has to be adequate material to fasten the accused on the basis of constructive liability as S.34 IPC is nothing but a rule of evidence...........
Indian Penal Code, 1860, Section 406 -- Offence u/s 406 IPC - Quashing of proceedings - High Court itself opined that allegations are very serious and it requires further investigation - However, High Court has not at all appreciated and/or considered the allegation of larger conspiracy and that both FIR/criminal cases are interconnected and part of main conspiracy which..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation against mother-in-law - Presence of mother-in-law of deceased has not been proved - There is no reason to believe that mother-in-law was a party to incident as per oral testimony of PW1 to PW3 - No overt act of mother-in-law even in oral dying declaration - Investigation of investigating..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation against husband - Accused has been in jail for more than 13 years - Act of accused was not such which cannot be substituted by giving a lessor sentence than life imprisonment - Period of 13 years which accused spent in jail is enough punishment - Accused punished for 12 years incarceration..........
Indian Penal Code, 1860, Section 302, 307, 328, 120B -- Double murder - Attempt to murder PW66 - Statement of sole child eye witness/PW66 - Name of accused was not disclosed in the statements of PW66 - PW66 was attempted to be killed and may have been threatened - Moreover, looking to tender age and fact that he suffered injuries on the neck which has been established and..........
Indian Penal Code, 1860, Section 302, 307, 328, 120B -- Double murder case - Recovery of bottle of pesticide - Purchase of bottle of pesticide by accused prior to commission of offence has been established and proved by prosecution by examining PW58 and PW60 - Said bottle of pesticide was recovered from the place of occurrence - PW58 and PW60 fully supported case of..........
