Indian Penal Code, 1860, Section 302 -- Murder - Use of weapons - Proof - Recovery of fire arms and empty cartridges - Apart from testimony of PW1 and recovery of aforesaid firearms there was recovery of 15 empty cartridges from place of occurrence and empty cartridges were tallied with aforesaid firearms recovered at the pointing out of appellants - As per report of FSL,..........
Criminal Trial -- Murder - FIR - Non-mention of recovery of empty cartridges - Effect - No mention of empty cartridges found on spot in FIR - No mention of ante mortem injuries in FIR - IO inspected the place of incident of murders within 15 minutes after arrival of Sub Inspector who prepared inquest and 15 empty cartridges were found on the place of murders by IO -..........
Indian Penal Code, 1860, Section 302, 304B, 498A -- Charge framed u/ss 498-A, 304-B IPC and in the alternative u/s 302 IPC - Suicide note available on record and the fact that it has been written by the deceased established by way of FSL report - At least the question of suicide having been committed by the deceased should have been taken note of - Case remanded for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20 -- Recovery of contraband - Charas or ganja - FSL report does not give clear indication as to nature and quantity of contraband seized - Accused in custody for more than one year - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Ganja - Recovery from two bags - Failure of prosecution to prove that sealed samples were preserved till they reached the FSL - FSL report cannot form the basis of conviction - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Prayer for sending cheque to laboratory - Refusal of - Validity - Petitioner/accused contended that figure "4" has been added in cheque - It has not been disputed that FSL has opined that "4" figure in cheque appears to be similar to that of other writing on cheque -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Case property contained three seals of Sessions Judge, 6 seals of FSL, 4 seals of `A' and 4 seals of `T' and 4 seals were not readable - However, when it was produced in the statement of PW2 it was having six seals of FSL as against five seals as observed in the statement of PW5 - Held, in these..........
Criminal trial -- Defect in investigation - Non-preparation of site plan or not sending gunny bags to FSL - Cannot be said to be fatal to prosecution case - Held, every discrepancy in investigation does not weigh with Court to an extent that it necessarily results in acquittal of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b),42,50,57 -- Recovery of Smack - Conviction - Appeal - Nothing to show that seized Narcotic was kept in sealed cover and paper packet and polythene packets sent to Registrar were under seal cover for purposes of forwarding same to FSL - No record to show that seal was also deposited in Malkhana - Special..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 376 -- Rape - Leave to appeal against acquittal - No corroboration to statement made by prosecutrix - Huge number of improbabilities in her statement - To remove doubts, no independent witness was produced in Court - Offence alleged to have been committed in a busy place - No explanation as to why..........
