Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Testimony of eye witnesses - Eye witnesses PW1 and PW2 stated that all the accused who were alleged to be wielding country made pistols had fired upon deceased - However, post mortem report indicates only one fire arm injury which is not consistent with the case of prosecution that all the accused had fired upon..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Accused are specifically named in the dying declaration recorded by Magistrate and it is specifically stated that they poured kerosene on her - Magistrate was examined as PW6 and nothing is on record with regard to any allegation against Magistrate to the effect that he..........
Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25(1B)(a) -- Attempt to murder - Gun shot injury - Allegation that accused fired on police party - However, none of PWs have seen accused firing on police party with intention or knowledge to commit an offence proving his guilt - There is no independent witness in any of proceedings though may be available -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Victim has not identified accused during course of trial - There is no DNA examination conducted in the case - Conclusion of trial is likely to take sometime - No fruitful purpose will be served by detaining accused in further custody - Without expressing any opinion on merits..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 471, 120B -- Quashing of proceedings - Compromise - Cheating - Dispute between parties settled in view of compromise - No possibility of accused being convicted in the case pending against them - Proceedings qua accused quashed...........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - All the PWs except father of victim did not support prosecution case - Not a single witness corroborated the evidence of victim in their depositions - Father of victim was not present near the place of occurrence and he heard the incident from victim - Evidence of father of victim being in the nature of hearsay..........
Indian Penal Code, 1860, Section 406 -- Misappropriation of stridhan - Description of ornaments given at the time of marriage hand written - No signature of a witness on it - Not clear as to who prepared this list and who has hand written the ornaments described in the list - List not duly proved as per provisions of Evidence Act - There is no cogent and sufficient..........
Indian Penal Code, 1860, Section 406 -- Misappropriation of stridhan - Articles given in marriage for joint use - There is thus, no entrustment - Offence u/s 406 IPC not made out...........
Indian Penal Code, 1860, Section 406 -- Misappropriation of stridhan - Complainant was entitled to receive possession of articles which were given at the time of marriage and were in possession of accused - Refusal by accused in this regard will attract S.406 IPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 406, 120B -- Bail - Misappropriation of huge money - Serious allegations of siphoning off huge amount through various shell companies alleged against accused - High Court while releasing accused on bail, has not at all considered the relevant factors including nature and..........
