Indian Penal Code, 1860, Section 302 -- Conviction - Circumstantial evidence - Recovery of dead body from the well - Alleged recovery of dead body at the instance of accused is not of much help to prosecution as this fact was in the prior knowledge of police - Medical report did not tell the definite cause of death - 4 PW's found hostile during trial - Conviction based on..........
Indian Penal Code, 1860, Section 302, 304B -- Charge u/s 302 IPC - Cannot be convicted u/s 304-B - Both offences are mutually exclusive having different ingredients - Accused must be given notice of accusation and provided an opportunity to defend himself in that case...........
Indian Penal Code, 1860, Section 302 -- Murder - Occurrence took place at 2.30 p.m. - FIR recorded at 4.10 p.m. and report sent to Magistrate at 6.30 a.m. - Held, that there was promptness in lodging FIR - Complainant stated in FIR that two appellants caught hold of deceased and third appellant gave 4 blows with a knife on deceased - Version of complainant in FIR not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 302, Power of Attorney Act, 1882, Section 2 -- Dishonour of cheque - A duly authorised power of attorney can file complaint on behalf of the payee or holder-in-due-course - So long as power of attorney does not seek to conduct prosecution on behalf of payee or holder in due course,..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Strained relationship between deceased and accused - Other circumstance of blood on axe and clothes of deceased - These circumstances can only be used as corroborative piece of evidence - Both the circumstances are not sufficient to complete the chain of circumstances in establishing guilt of..........
Indian Penal Code, 1860, Section 392, 397, 302 -- Robbery and murder - FIR - Delay - Not fatal as it is not the case of accused that after occurrence some deliberations took place in order to falsely implicate the appellant in the case...........
Indian Penal Code, 1860, Section 302, 201 -- Accused throttling wife to death during night time - Father was also in the house - Not sufficient to draw presumption that father had knowledge of commission of offence by his son - Father cannot be held guilty of offence u/s 201 or S.302 IPC...........
Indian Penal Code, 1860, Section 302, 201 -- Acquittal of offence u/s 302 IPC - Conviction u/s 201 IPC is still permissible...........
Indian Penal Code, 1860, Section 302 -- Murder - Ocular evidence not supported by medical evidence - Defence plea of alibi created a reasonable doubt in prosecution case - Non compliance of S.157 Cr.P.C. raising a serious doubt about lodging of FIR in time and dated - Defence version appearing more truthful - Accused entitled to benefit of doubt - Accused acquitted...........
Criminal Procedure Code, 1973, Section 156(3), 202, Indian Penal Code, 1860, Section 302 -- Murder - Police not registering the case - Request for sending complaint u/s 156(3) Cr.P.C. declined - Held, it would have been proper for Magistrate to send the complaint to police for registering an FIR u/s 156(3) Cr.P.C. and investigate - If not, then Magistrate should have sent..........
