Indian Penal Code, 1860, Section 302 -- Murder - PWs. 1 & 3 stated that accused kicked deceased, pushed him down and dropped grinding stone on his head - However, PW2, who was present at spot throughout incident has not stated so, which creates doubt in evidence of PWs 1 & 3 - Moreover, there is no explanation for delay in preferring and forwarding complaint to Court -..........
Prevention of Corruption Act, 1988, Section 8, 9 -- Illegal gratification - In order to invite an offence u/ss 8, 9 of the Act, gratification need not be obtained or shared by public servant concerned - It is also not required that prosecution should establish that person accepting gratification has somehow prevailed upon the concerned public servant...........
Indian Penal Code, 1860, Section 498A, 306, Evidence Act, 1872, Section 113A -- Cruelty - Abetment of suicide - Presumption - Once prosecution succeeds in establishing component of cruelty leading to conviction u/s 498-A, normally Court cannot refuse to invoke presumption of abetment, if other requirements of S.113-A of Evidence Act stand satisfied...........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Deceased having a pregnancy of 20 weeks committed suicide within 3 years of her marriage leaving behind a ten months old child - Defence of accused that deceased committed suicide because she was not permitted to go to her mother's place does not inspire confidence, as only for such a trivial..........
Indian Penal Code, 1860, Section 308, 34 -- Attempt to commit culpable homicide - Free fight between parties - Both the parties received injuries - However, prosecution suppressed the genesis and origin of occurrence and also failed to explain injuries on the accused including death of father of accused - Adverse inference must be drawn against prosecution for not offering..........
Indian Penal Code, 1860, Section 325, 149 -- Offence u/s 325, 149 IPC - Reduction of sentence - Genesis of occurrence was on account of a dispute between parties over a right to have a drain in a passage - Victim suffered sole head injury caused by lathi - No specific role assigned to any of five accused - Prosecution failed to pinpoint the accused who caused head injury..........
Indian Penal Code, 1860, Section 341, 324, 147, 149, Evidence Act, 1872, Section 9 -- Unlawful assembly - Rioting - Test Identification Parade - Out of five accused, only one accused was recognized - No identification parade conducted to identify four assailants, who were not known to complainant and they were not identified when crime was committed - Crucial witness at..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - If the act or omission is done by performing the official duties and wrong decision has been taken with bona-fide intention or even through negligence, it will be treated as having reasonable connection with the performance of the official duties and sanction u/s 197 Cr.P.C. is..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Report u/s 173 Cr.P.C. that accused after entering into conspiracy to select Panchayat Secretaries, against monetary consideration, committed forgery in various records and used forged record as genuine and destroyed the evidence to justify their illegal acts - Handwriting expert..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of blood stained sword from the house of accused - However, FSL report did not find any human blood on the sword - Attesting witness of memo of site of crime inspection declared hostile - Prosecution did not submit any explanation about sword, which was collected from site of crime - Recovery is doubtful...........
