Indian Penal Code, 1860, Section 304B -- Dowry death - Neither any PW alleges cruelty or harassment meted out by appellant in connection to dowry nor prosecution has proved the same - Statements given by PW1, PW2 & PW3 are bald statements which do not indicate any form of cruelty meted out to deceased by appellant - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Prosecution has failed to prove any sort of cruelty by appellant to meet any unlawful demand as given in S.498-A IPC - Neither evidence of prosecution witnesses in the course of trial indicate any sort of cruelty - Prosecution failed to prove its case beyond reasonable doubt against appellant - Conviction and sentence set..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Conviction - The course adopted by the prosecution and permitted by the Court is not in accordance with the Evidence Act - The prosecution cannot adopt the method of further chief-examination to fill in other lacunae, and the scope of re-examination is confined - In view of witnesses, the demand for the bribe..........
Indian Penal Code, 1860, Section 323, 342, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(da), 3(1)(dha), 3(2)(ka) -- Offence u/ss 323, 342, 504, 506 IPC and Ss. 3(1)(da), 3(1)(dha), 3(2)(ka) of SC/ST Act - Summoning of accused - Offence took place at a public road in day time in the presence of several persons and..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Recovery of 12 bore country made pistol from appellant `A' - No bullet was recovered from body of deceased though there is no evidence of any exit wound - Further, doctor candidly admitted to the effect that what was initially stated by him to be a gunshot wound was actually caused by a stabbing weapon - In consequence,..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Informant did not support prosecution case - Testimony of other PWs also does not establish prosecution case - Accused cannot be held liable based on high speed alone without any further evidence that accused was in breach of his duty to take care which he had failed to do so - Acquittal upheld...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Allegation that A-1 being tax Inspector demanded Rs.2500 as bribe to process application for transfer of ownership in the name of daughter of complainant - Admittedly, it is within the knowledge of complainant that A-1 was not competent to issue mutation..........
Prevention of Corruption Act, 1988, Section 7, 17A -- Offence u/s 7 of the Act - Order framing charges - Prior approval u/s 17 of the Act is not taken - However, acquisition of approval u/s 17-A of the Act does not necessarily invalidate entire order but may allow for corrective measures - Moreover, sanction can be sought at the stage of charge u/s 19 of PC Act, thus..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Appellant was not named in FIR and his name came into light on the basis of statements of witnesses - There are discrepancies in the evidence of eye witnesses - Sim number on basis of which location and movement of appellant was alleged to have been established near crime scene, does not belong to appellant -..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Accused `M' is Class IV employee in Court of CJM - Amount was recovered underneath an almirah in the office of CJM - Not an iota of evidence has been brought on record to presume that accused `M' was knowing the fact of alleged demand of bribe even if it is..........
