Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Deceased reached home in the night and told PW1 and PW8 about quarrel between him and accused earlier to incident in question - Said statement of deceased cannot be treated as a dying declaration, because deceased did not died on account of that quarrel...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 6 -- Murder - Res gestae - PW4 called PW5 over phone and told him that accused and deceased had a quarrel in bakery - Evidence of PW4 though hearsay would still be relevant u/s 6 of Evidence Act...........
Indian Penal Code, 1860, Section 302, 323 -- Nature of offence - Accused in a heat of quarrel slapped deceased on his back without anticipating that this act of his would result in a chain of events leading to latter's death - From post mortem report, it is clear that deceased was drunk, as ethyl alcohol was detected in all samples of visceral organs - It was only a slap..........
Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Circumstantial evidence - Serious discrepancies in statement of PWs regarding presence of deceased at home or at the place of incident - Informant alleged that accused dropped deceased home after killing him, which too is against normal human behaviour - Neither there is any clear motive for accused to administer..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 482 -- Defamation - Imputations in counter filed in Court proceedings - Not circulated or stated so, in the public at large - A counter in a suit, though a public document, but is not seen by others - Even in the complaint, there is no averment that other persons read the counter - As such,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376D, 323, 324, 328, 34 -- Anticipatory bail - Offence u/ss 376-D, 323, 324, 328, 34 IPC - Merely because petitioner had not sought pre-arrest bail when FIR was registered and was subsequently cancelled cannot be termed to be a circumstance to deny bail to petitioner, at a subsequent stage in..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 61, 85, Arms Act, 1959, Section 25, Indian Penal Code, 1860, Section 395, 427, 216, 34 -- Bail - Offence u/ss 20, 61, 85 NDPS Act, S.25 Arms Act and u/ss 395, 427, 216, 34 IPC - Recovery of 17 quintals 12 kg and 760 grams ganja from canter - From disclosure..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Indian Penal Code, 1860, Section 148, 149, 323, 342, 506, 307, 302 -- Bail - Offence u/ss 148, 149, 323, 342, 506, 307, 302 IPC - Provision of S.12 of the Act had not even been considered and it was not even remotely observed therein that case of appellant is covered by any one of exceptions -..........
Indian Penal Code, 1860, Section 34 -- Common intention - If final outcome or offence committed is distinctly remote and unconnected with common intention, S.34 IPC would not be applicable - However, if criminal offence done or performed was attributable or was primarily connected or was a known or reasonably possible outcome of the preconcert/contemporaneous engagement or..........
Indian Penal Code, 1860, Section 34 -- Common intention - Common intention or crime sharing may be by an overt or covert act, by active presence or at distant location but there should be a measure of jointness in the commission of the act - Even a person not doing a particular act but only standing as a guard to prevent any prospective aid to victim may be guilty of..........
