Criminal Procedure Code, 1973, Section 82 -- Proclamation - Non-compliance of mandatory provision of S.82 Cr.P.C - Statement of executant police official was on a printed proforma instead of same having been recorded in Court, which raises doubt about compliance of S.82 Cr.P.C - Order declaring accused as proclaimed person set aside...........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27 -- Double murder case - Disclosure statement - Recovery of dead bodies of deceased - Place from where dead bodies were recovered was known to police - Consequently, it cannot be said that there was discovery by accused of place where dead bodies were kept - Part of statement of..........
Indian Penal Code, 1860, Section 324, 427, 504, 34 -- Offence u/ss 324, 427, 504, 34 IPC - Injury certificate of complainant indicates that he had suffered blunt trauma to right hand - Medical opinion sought by police indicates that there is possibility of injuries being self inflicted - Requisite ingredients to constitute offence u/s 324 IPC are completely absent -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Evidence Act, 1872, Section 25 -- Contraband - Confessional statement - Confession before officers who are invested with powers of investigation u/s 53 of the Act are Police Officers within meaning of S.25 of Evidence Act - Confession before said officers would be barred u/s 25 of Evidence Act and cannot be..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 32 -- Abetment of suicide - Cruelty - Dying declaration - Deceased stated that conduct of mother-in-law prompted her to take extreme step - Sister of deceased was present when mother-in-law quarreled with deceased, but such material witness was withheld by prosecution - Dying declaration itself does..........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 222, 225 -- Alteration/addition of charge - Petitioner was a life convict - Maximum punishment which could have been awarded would be 3 years for the act of fleeing away from custody of police personnel - Offence is triable by Magistrate - Petition for alteration of charge rejected on the ground..........
Criminal Procedure Code, 1973, Section 162 -- Statement u/s 162 Cr.P.C. made by a person to a police officer in the course of any investigation under Chapter XII Cr.P.C, which is reduced to writing, is not required to be signed by person making such statement...........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Injured witness/PW2 gave statement contrary to FIR - Testimony of injured witness is not reliable - PW2 did not know the name of father of deceased but in FIR name of father of deceased was written which was result of handiwork of police - No explanation as to why dead body of deceased reached from Najibabad to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 1 kg charas - Material contradictions in statement of prosecution witnesses - Testimony of PW1 (Station Officer) that police party did not conduct its own search on the spot but his statement not supported by PW2 (Constable) who stated that he did search the police party on the spot -..........
Criminal Procedure Code, 1973, Section 161 -- Statements recorded u/s 161 Cr.P.C by a police officer during investigation - Cannot be used as evidence, albeit accused may use a part of statement in terms of S.162 Proviso Cr.P.C...........
