Probation of Offenders Act, 1958, Section 4, 5, 6 -- Probation of good conduct - Offence u/ss 420 & 120-B of IPC - Accused convicted u/s. 420 IPC and sentenced to 2-1/2 years RI - 19 years old incident - Accused already completed his probation period and his surety has been discharged - Held, no need to interfere in order of probation of good conduct...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Unnatural death within seven years of marriage by administering poison - Plea that deceased died due to vomiting and dysentery - Father of deceased failed to state before I.O that lips of deceased turned black/blue when he saw dead body of deceased - Poison not detected from vomiting on chemical examination -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery weighing 4 kg and 600 gms - Reduction of sentence in default of payment of fine - Recovery effected from conscious possession of accused - Accused convicted u/s 20 of Act and sentenced to 10 years R.I and to pay fine of Rs.1 lakh and to undergo 2 years R.I in case of default in payment of..........
Prevention of Terrorism Act, 2002, Section 32(5) -- Confessional statement - Admissibility - Procedural safeguard - CJM recorded the statement of accused persons, read it over to them and inquired about any coercion and torture, all in a period of half an hour - Said act is highly improbable as confessional statement running to more than 15 pages cannot be read back to..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25 -- Murder - Circumstantial evidence - No eye witness of incident except PW1 - Motive not proved - Conduct of PW1 was not natural as he manipulated the story of murder against accused - There are so many infirmities in prosecution case - Twenty five pellets recovered from body of deceased but only two..........
Indian Penal Code, 1860, Section 376(1) -- Rape - Maid servant sexually exploited on promise of marriage - Accused an aged and married person having two wives and children and all residing in the same house where alleged incident took place but on no occasion anybody did get a trace of it - Prosecutrix did not disclose it to anybody till her pregnancy become noticeable..........
Evidence Act, 1872, Section 25 -- Confession before police officer - Though confession of accused before police with regard to having committed the murder is not admissible in evidence, however, the very conduct of accused proceeding to police station along with blood stained axe is very relevant piece of circumstantial evidence...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Extra judicial confession - Accused assaulted deceased by means of blunt side of axe resulting in his death - All injuries were ante mortem in nature and were sufficient in ordinary nature to cause death - Extra judicial confession of accused before PW1 appears to be voluntary and spontaneous and..........
Evidence Act, 1872, Section 3 -- Circumstantial evidence - Last seen evidence - Conviction cannot be based on only circumstance of last seen together - Conduct of accused and fact of last seen together and other circumstances have to be looked into...........
Evidence Act, 1872, Section 27, 8 -- Disclosure statement - Admissibility - Recovery of skeleton of deceased on the basis of disclosure statement made by accused that he had buried dead body in his house - Held, assuming that recovery of skeleton was not in terms of S.27, on premise that accused was not in custody of police by time he made statement, statement so made by..........
