Evidence Act, 1872, Section 106 -- Burden of proof - Murder case - When prosecution failed to prove basic facts as alleged against accused, burden could not be shifted on accused by pressing into service the provisions contained in S.106 of the Act...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Allegation against husband and mother-in-law - Cause of death was due to ante-mortem injuries - However, PWs had no knowledge as to how, when and where deceased was killed and burnt - Entire investigation carried out by I.O was in a very cursory and shoddy manner - There was no recovery and..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence of post mortem report by no stretch of imagination can be made sole basis for conviction of accused in absence of legal proof against them...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witnesses - Eye witnesses to the occurrence have resiled from their testimonies recorded before police during investigation u/s 161 Cr.P.C and have been declared hostile by prosecution - All the eye witnesses do not claim to have personally seen accused committing murder of deceased - No credible..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, Arms Act, 1959, Section 25(1B), 4 -- Murder - Accused nos. 1 to 4 gave fatal blows on chest and head of deceased - Deceased died as a result of injuries suffered on the head and in chest - None of other accused was stated to have given any blow to deceased - Accused nos. 1 to 4 were attributed clear and overt acts -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - High Court gave no reasons while granting bail to accused - There is only narration of facts in the said order - It is expected that at least some reason would be given by High Court while reversing the order of trial Court, which had rejected bail application by a reasoned..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of compensation amount - Merely stating that accused is a poor lady would not exempt her from making said deposit - Moreover, nothing on record prima facie to show that accused is a poor lady - No interference warranted in impugned order of directing..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder of wife by husband - Husband pleaded that deceased committed suicide in her bedroom after bolting the door from inside and he was not present in the house at the time of occurrence - Plea of suicide appears to be ruled out in view of post mortem report, as medical evidence establishes beyond doubt that deceased was..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder of wife by husband - Deceased was married to accused 16/17 years ago and soon after marriage, she was subjected to torture and was admitted to hospital - Divorce proceedings was instituted by husband but on intervention of Court matter was reconciled and couple reunited but accused continued torture upon deceased -..........
Indian Penal Code, 1860, Section 406 -- Offence u/s 406 IPC - Order framing charge - Accused neither induced complainant to enter into any kind of business transaction nor any entrustment was ever made by complainant to accused - Continuance of proceedings against accused in criminal case thus, would be nothing short of a gross abuse of process of law - Order framing..........
