Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Acquittal of co-accused in a separate trial - Cannot be made basis for quashing proceedings against remaining co-accused in view of provisions of Ss.40 to 44 of Evidence Act, particularly when remaining co-accused are absconders - Application dismissed...........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 154 -- Murder - Appeal against acquittal - Hostile witness - Trial Court erred in acquitting accused `P'on the ground that material witnesses had turned hostile and did not support the prosecution case - As evidence of hostile witness remains admissible in the trial and there is no legal bar to base..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 3 -- Dowry death - Appreciation of evidence - Appeal against acquittal - As per the sequence of events there was interaction between parties and deceased agreed to go alone with the husband and her family members agreed to send her on receipt of one phone call - Thus, live link between sequence of phone..........
Indian Penal Code, 1860, Section 498A, 406, Evidence Act, 1872, Section 3 -- Cruelty - Appreciation of evidence - Appeal against acquittal - There is no specific instances of cruelty suffered by deceased at the hands of her-in-laws which were continuous thus, there is no live link between demand so made by accused persons and death of deceased - Trial Court rightly..........
Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3, 8 -- Murder - Appeal against acquittal - Motive - Appreciation of evidence - Witnesses have been inconsistent on numerous material aspects as neither the victims of the first incident can be clearly identified nor the members of the party who went to lodge the complaint with the father..........
Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3 -- Murder - Appeal against acquittal - Appreciation of evidence - Delay of 14 days in recording of statement of PW5 (injured) - Delay remained unanswered and unexplained - Even, evidence of PW12 is further belied by this fact that though PW12 had removed both injured persons to the cots and then..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Acquittal of husband in prosecution u/s 498-A IPC launched by wife - Mere lodging of complaint or FIR cannot ipso facto be treated as cruelty - But when a person undergoes a trial in which he is acquitted of allegation of offence u/s 498-A IPC, levelled by wife against husband, it cannot be accepted that no..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Complainant filed a civil suit against accused for recovery that he had given as loan earlier - Thereafter, complainant lent Rs.3 lac on a promissory note and that when accused gave three post-dated cheques, he return promissory note to accused, sounds gilbertian (Humor)..........
Indian Penal Code, 1860, Section 341, 323, 34 -- Offence u/ss 341, 323, 34 IPC - Contradictions found in statement of PW1 - Cross-FIR was lodged by accused against complainant - Trial Court after appreciating entire evidence rightly acquitted accused - Findings of trial Court are perfectly justified - Acquittal upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25 -- Recovery of 361.300 kgs poppy straw - Offending vehicle from which contraband was recovered was being driven by accused/registered owner himself - Nothing is available to show that accused allowed third person to use his vehicle for commission of offence under the Act - Accused held, not responsible for..........
