Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Courts cannot consider evidence collected during investigation while deciding an application u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - There is no need to go into cross examination of witnesses before summoning accused u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Inconsistencies, contradictions and improvements in the testimony cannot be minutely scrutinised at the stage of summoning u/s 319 Cr.P.C...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place at the spur of moment in a heat of passion upon a sudden quarrel - There was no premeditation of mind - No fracture has been found on body and head of deceased, which indicates that appellants had no intention to cause grievous injuries or to kill deceased - Accused convicted u/s..........
Indian Penal Code, 1860, Section 376(2)(n), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape - False promise of marriage - Accused was absolutely justified in panicking and backing out from proposed marriage upon coming to know of aggressive sexual behaviour and obsessive nature of complainant - Even though accused..........
Indian Penal Code, 1860, Section 302 -- Murder - Appellant was neither carrying any dagger nor had inflicted any injury to deceased - It was co-accused who inflicted blows with dagger to deceased - Presence of finger prints of appellant on dagger further creates a suspicion and doubt on case of prosecution since appellant had never handled dagger - There is no enmity..........
Indian Penal Code, 1860, Section 420, 406, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Petitioners have already been declared innocent during investigation - Continued inclusion of petitioners names in FIR amounts to undue harassment to petitioners - Names of petitioners directed to be removed from all the records where they are..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant admitted that he was earning Rs.2/2.50 lakhs per year and had extended loan of Rs.4 lakhs to accused - However, complainant admitted that no pronote or writing was effected at the time of such hefty loan extended by him to accused - Complainant failed to disclose as to how he came in..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder of husband by wife - Death by poisoning - Extra judicial confession - Prime evidence against accused that she made an extra judicial confession before PW7 - Production of accused by PW7 before DSP stands proved - Accused made a disclosure statement before DSP regarding incident and recovery..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of husband by wife - Death by poisoning - No eye witness to occurrence - Factum of recovery of dead body from pond at the instance of accused stands fully established - Dead body was duly identified by sister of deceased - Proximity of place of recovery of dead body from pond near house of accused is in tune with case of..........
