Indian Penal Code, 1860, Section 302, 307, 312, 147, 148, 149, 109 -- Murder - Weapon of offence - Weapon used in commission of offence was not properly described - In FIR it has been stated as Iron rod and in Accident register it is stated as sharp iron rod - However, PWs who witnessed occurrence stated that weapon used in crime is knife - This ocular testimony totally..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7, 7A, 8 -- Bail - Offence u/s 120-B IPC and Ss.7, 7-A, 8 of P.C. Act - Amount of Rs.20 lakhs recovered from accused who is Inspector in CBI - Role of both the accused found to be there as shown from the side of prosecution - Fact of alleged trap..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Death of patient - Petitioner being a medical professional who treated patient in a bonafide manner, cannot be held responsible for his unfortunate death - Moreover, parties compromised their dispute - FIR quashed...........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Circumstantial evidence - Calls made to accused during search for missing children - Non-examination of officer of mobile company cannot be said to be fatal to prosecution case, particularly when CDR was exhibited, through deposition of I.O and no objection was raised on behalf of..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Circumstantial evidence - Calls made to accused during search for missing children - Prior enmity between accused and father of children - Deceased were seen going with accused in school uniform with their school bags and after the incident accused was not found in his house and..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Circumstantial evidence - Last seen evidence - PW8 stated that accused was last seen together with deceased - He recognized accused in Court and he knew complainant and his three children - PW8, thoroughly cross-examined by defence and nothing shown to make out any case which may..........
Indian Penal Code, 1860, Section 364, 302, Evidence Act, 1872, Section 27 -- Kidnapping and murder of three minor children - Circumstantial evidence - Disclosure statement - Recovery of dead bodies at the instance of accused - Recovery of dead bodies along with school bags and dress at the instance of accused - Dead bodies were recovered from the places shown by accused..........
Indian Penal Code, 1860, Section 364, 302, Evidence Act, 1872, Section 154 -- Kidnapping and murder of three minor children - Circumstantial evidence - Hostile witness - Accused was found in the house of PW13 - However, PW13 turned hostile - But in cross-examination PW13 specifically stated that accused told him that children of complainant had gone missing and complainant..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Death sentence - Offence committed in extreme mental or emotional disturbance, due to elopement of wife of accused with uncle of children - Only aggravating circumstance against accused is that incident took place in brutal manner - At the time of occurrence, accused 28 years of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Anticipatory bail - Cheating - Accused received Rs.1.7 lakhs from complainant for Canada Visa - However, accused neither arranged visa for complainant for Canada as promised nor returned money and passport rather threatened to kill her - DSP who had conducted inquiry had found merit in..........
