Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Lodging of FIR at the earlier possible opportunity is desirable - Priority given to save the life of severely injured person - Held, wholly justifiable...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 420, 471 -- Accused one of persons who conspired and cheated bank and misappropriated crores of rupees - FIR registered u/ss 409, 420, 467, 471 against accused and others - Accused granted bail by High Court after he had remained in custody for 8 months subject to his deposit of Rs.2384 lacs..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378 -- Murder - Appeal against acquittal by High Court - Considering the normal human conduct of taking deceased to hospital and other relations, delay of 2 hours in filing FIR is not inordinate - Witnesses are not independent and are related to deceased is no ground to discard their evidence -..........
Indian Penal Code, 1860, Section 376(2), 201 -- Rape and murder of minor girl - Death sentence - Not naming the accused in FIR crates doubt about presence of accused at the place of occurrence - Single testimony on the point of last seen - Testimony of mother and son can be treated as single testimony on point of presence of accused at their land - No corroboration of..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Requisition sent by hospital to police to record the statement of deceased whose condition was serious - Requisition was sent to police on 09.04.1995 and formal FIR recorded on 12.04.1995 - On the basis of information received by police the police stated investigation by sending a requisition to the Magistrate..........
Criminal Procedure Code, 1973, Section 320 -- Compounding of offence - FIR lodged against husband u/ss 406 and 498-A IPC by wife - Matter settled on payment of Rs.7,00,000/- - Wife admitted execution of compromise and also admitted having received Rs.7 lacs but she wriggled out of compromise by stating that agreement was for Rs.10 lacs - There is nothing mentioned in the..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR lodged for offences u/ss 420 and 120-B of IPC - No element of cheating or entering into criminal conspiracy - If at all any offence is committed, it is the offence u/s 138 of Negotiable Instruments Act and not the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Offence u/ss 498-A, 304-B IPC and Ss.3, 4 Dowry Prohibition Act - Allegation of cruelty and demand of dowry - Three persons named in FIR - Unnatural death within a period of seven years of marriage - Post mortem report that deceased..........
Indian Penal Code, 1860, Section 307, 326, 452, 324, 323, 34, Criminal Procedure Code, 1973, Section 482, 320 -- Offence u/ss 307, 326, 452, 324, 323, 34 IPC - Compounding of offence - Dispute settled with the intervention of Gram Panchayat - FIR quashed...........
Indian Penal Code, 1860, Section 302 -- Murder - FIR lodged after 8 years - Deceased was missing from village for 8 years - Bones of deceased recovered on basis of disclosure statement - Accused convicted by trial Court - Skeleton found sent for chemical examination does not show that the same pertains to the deceased - There were numerous graves of Muslims and thus it was..........