Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Merely because witness did not state that accused was driving in a rash and negligent manner would not be a ground to acquit accused, particularly when circumstances of a case would establish that accused was driving in a rash and negligent manner...........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Accused was driver of offending vehicle which was driven rashly and negligently, struck the motor cycle of injured and deceased leading to death of deceased and injuries to PW3 - Offence having been clearly established from version of eye witnesses as also material on record - Accused rightly..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(s), 3(2)(va) -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC and Ss.3(1)(s), 3(2)(va) of SC/ST Act - Dispute between parties resolved amicably - No purpose is going to be served in..........
Indian Penal Code, 1860, Section 302, 379, 201, 34 -- Murder - Circumstantial evidence - Last seen theory - PW1/brother of deceased stated that deceased went along with accused persons at night - However, there is variation regarding sequence of events which happened prior to accused meeting deceased or deceased meeting PW1 - Moreover, circumstance of last seen by itself..........
Indian Penal Code, 1860, Section 302, 379, 201, 34 -- Murder - Circumstantial evidence - Extra judicial confession - Accused confessed the crime before PWs 1 to 4 - Evidence of these PWs is not consistent with each other - Extra judicial confession leading to discovery of dead body not proved...........
Indian Penal Code, 1860, Section 302, 379, 201, 34 -- Murder - Circumstantial evidence - Recovery of gold ornaments at the instance of A-1 - Test Identification Parade of properties recovered was not conducted in terms of R.35 of Criminal Rules of Practice which is mandatory - Even, I.O admits that though he claims to have taken signatures of accused and mediators on the..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Medical Officer found cut injury on left ear lobule, which was repaired by stitches - Complainant lodged that accused snatched away a gold earring from her left ear causing bleeding injury over said left ear - She narrated same history of assault before Medical Officer - Accused rightly convicted u/s 323 IPC...........
Indian Penal Code, 1860, Section 448 -- House trespass - Material contradiction is with regard to place of occurrence - Complainant stated that incident occurred inside her room, however, I.O found during investigation that place of occurrence is on road in front of house of complainant - If Sketch map and evidence of I.O is believed, then place of occurrence cannot be..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Evidence of complainant shows that accused forcibly pulled her saree and tore her petticoat - However, in cross-examination no suggestion was put to complainant on behalf of accused that there was previous enmity between her and accused - No reason to disbelieve evidence of complainant on the charge u/s..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in offence u/ss 60, 72 of UP Excise Act and Ss.420, 272 IPC - Magistrate has no jurisdiction to release vehicle seized u/s 72 of UP Excise Act during confiscation proceedings - Application dismissed...........
