Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Accused in pursuance of orders of High Court joined investigation - Accused alleged not co-operating with the investigation process as amount of money is yet to be recovered but recovery of amount, in case of financial dispute between parties, is not a..........
Indian Penal Code, 1860, Section 417, 376 -- Cheating - Refusal to marry - Sexual relationship was not under misconception of fact, with regard to promise of marriage - Mere refusal to marry would not constitute offence u/s 417 IPC...........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 120B, 109 -- Offence u/ss 13(1)(e), 13(2) of the Act and Ss.120-B, 109 IPC - Accused was not a public officer or public servant - He cannot therefore be charged with committing an offence u/ss 13(1)(e), 13(2) of P.C. Act - Only material put against accused is that sale deed was..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Dead body of deceased `S' not recovered pursuant to any disclosure made by any of accused - Not a single person had seen deceased `S' in the company of accused - Guilt of accused not proved - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Non-recovery of weapon of offence - Deceased had sustained a gun shot injury with a point of entry and exit - Non-recovery of weapon of offences would therefore, not discredit the case of prosecution which has relied on eye witness accounts...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Gun shot injury - Failure to produce a report by a ballistic expert who can testify to fatal injuries being caused by a particular weapon is not sufficient to impeach credible evidence of direct eye witnesses...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Prosecution is not required to prove that there was an elaborate plan in existence for a long time - Common intention to commit crime is proved if accused by their words or action indicate their assent to join in commission of crime...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence of three eye witnesses - Eye witnesses deposed about presence of deceased at the pond and presence of accused at the place of occurrence - They also stated that accused having exhorted co-accused to kill deceased and co-accused shooting the deceased, as a result deceased sustained injury on chest and collapsed..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Accused reached the spot with a lathi along with co-accused who had a pistol - Evidence on record established common intention in pursuance of which accused exhorted co-accused to kill deceased - Accused's exhortation was crucial to commission of crime since it was only after he made statement that..........
Indian Penal Code, 1860, Section 302, 364A, 201, 120B, Constitution of India, 1950, Article 226 -- Writ petition - Against order affirming death sentence - Consideration of a writ petition founded on the ground of delay in disposal of mercy petition or application for commutation of sentence, would be distinct and different from original proceedings which culminated in..........
