Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - No eye witness to actual occurrence - Evidence of last seen witnesses is contradictory - Though deceased was found in the company of accused on 25.8.98 but as per medical evidence deceased died somewhere between 25.1.98 to 27.1.98 - Time elapsed since death was 24-96 hrs -..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 304(Part I), 325, 201, 34 -- Suspension of sentence during pendency of appeal - Offence u/ss 304(Part I), 325, 201, 34 IPC - Accused are in judicial custody for more than 5 years - Substantive sentence as awarded to accused is thus, suspended during pendency of appeal - Application allowed...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 120B, 109, 153A, 201, 34, Arms Act, 1959, Section 27, Unlawful Activities (Prevention) Act, 1967, Section 15, 16, 17, 18, 20 -- Discharge - Murder - Criminal conspiracy - Accused is President of Popular Front of India (PFI) and other accused are members of PFI - Charge sheet reveals that..........
Indian Penal Code, 1860, Section 363, 366A, 376, 201 -- Kidnapping and rape of 5 years old minor girl - Non-production of child witness is of no consequence, as she was taken away at wee hours and was subjected to rape in a truck, chances of her recognizing accused are remote...........
Indian Penal Code, 1860, Section 363, 366A, 376, 201 -- Kidnapping and rape of 5 years old minor girl - Merely because parents of child victim turned hostile and stated that victim was not having any injury mark, have no impact on prosecution case, particularly when medical evidence proves otherwise...........
Indian Penal Code, 1860, Section 363, 366A, 376, 201 -- Kidnapping and rape of 5 years old minor girl - Accused committed rape of 5 years old girl in a truck - Missing of girl was reported immediately to police and within three hours girl was recovered - Accused was arrested on the same day and on his information truck was seized - Mobile Unit of FSL inspected truck and..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, 120B, 201 -- Murder of four members of one family - Dead bodies of victims found multiple external injuries sustained by them - All such injuries were found sufficient enough to have caused death in ordinary course of nature - Eye witnesses who witnessed the occurrence and identified most of assailants, also elaborated..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, 120B, 201 -- Murder of four members of one family - Death sentence - Accused after committed murder of four members of one family threw them in a canal - High Court after carefully drawing balance sheet of aggravating and mitigating circumstances, deemed it appropriate that case does not fall amongst exceptional category..........
Indian Penal Code, 1860, Section 166, 167, 201, 202, 203, 204, Bombay Police Act, 1951, Section 25 -- Offence u/ss 166, 167, 201 to 204 IPC and S.25 of 1951 Act - Complaint filed on the basis of adverse observations made by Additional Sessions Judge in murder case against respondent who investigated the case - Accused in said case filed criminal appeal in High Court..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Accused being annoyed with his brother/deceased on having been slapped by him, murdered him and after putting dead body in fishing net dumped it in the pond - Skeleton of deceased recovered at the instance of accused on disclosure statement u/s 27 of Evidence Act..........
