Indian Penal Code, 1860, Section 302 -- Murder of 5 years old daughter by her own mother - Testimony of PW1/informant - PW1 stated in her complaint that she saw accused strangling with deceased, which seems to be overt assertion immediately after the incident - Other witnesses including independent witnesses have consistently maintained that accused was available with dead..........
Agreement to sell -- Specific performance - Joint property - Agreement executed by defendant and his brother and accepted earnest money jointly - Acceptance of part of sale consideration by one of them subsequently - Cannot be said to be in that person's individual capacity - It will bind both of them - They two are not separate legal entities - No overt act on part of..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Allegations against mother-in-law and father-in-law - General allegations levelled against accused persons - No overt act attributed to accused - Even, no case is made out from dying declaration of deceased against accused persons - Mother-in-law and father-in-law..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Serious contradiction in oral and medical evidence and medical evidence is not in conformity with oral evidence adduced by prosecution - No overt act perpetrated on any of accused - Story mentioned in FIR that accused demanded dowry from PW4 seems to be completely false - Dying declaration given to PW2 by deceased does..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Gravity and seriousness of offence is a relevant consideration for purpose of grant of bail - However, while granting bail to accused, High Court has not discussed the role attributed to accused and his overt act in commission of offence - Order granting bail set aside...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Goods entrusted with the Company - Managing Director of company cannot be prosecuted without company as an accused - Entrustment of goods being with the company alone, in the absence of any specific overt act on the part of Managing Director, no offence u/s 406 IPC can be made out against Managing Director..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witness of incident who filed complaint has not stated about involvement of accused in particular - Overt act against each person is not mentioned but same is improved in his evidence as PW1 - It is not clear as to who has beaten deceased with stick and on which part of body of deceased causing grievous hurt leading..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation against mother-in-law - Presence of mother-in-law of deceased has not been proved - There is no reason to believe that mother-in-law was a party to incident as per oral testimony of PW1 to PW3 - No overt act of mother-in-law even in oral dying declaration - Investigation of investigating..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 25, 27, Criminal Procedure Code, 1973, Section 439 -- Recovery of 285 gms heroin - Bail - Petitioner has been in custody since 24.12.2017 - No overt act has been committed by petitioner and co-accused - No recovery has been effected from..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Where accused had assembled, taking arms weapons and were parties to assault then prosecution is not obliged to prove each specific overt act done by each of accused - In such circumstances every member of unlawful assembly is responsible for an offence committed by any member or other members in prosecution of..........
