Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- Delay in lodging FIR - Murder - FIR lodged after one day of incident - However, distance of police station from spot is 10 kilometers - PWs have not shown any reason as to why they did not report matter to police without delay - Delay in lodging FIR not explained by prosecution...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- Delay in lodging FIR - Murder - Mere delay in lodging FIR cannot be a ground to out rightly reject testimony of eye witnesses, but it would certainly put Court on its guard that testimony of eye witnesses has to be scrutinized with great care and caution...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 8 -- Murder - Motive - Proof of motive looses its significance, in a case based on direct testimony, but considering delay in FIR, infirmities in statements of alleged eye-witnesses, contradiction between oral and medical evidence, fact that motive alleged but could not be proved, also becomes a relevant..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Prosecution concealed true genesis of incident and failed to establish circumstances in which accused is alleged to have caused injuries to deceased - Testimonies of eye witnesses suffers from serious inconsistencies and contradictions - There was huge undue delay in lodging FIR - Oral evidence is totally irreconcilable..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Death of deceased occurred in an unnatural condition within seven years of her marriage - PWs stated that no demand was made at the time of marriage - Parents of deceased stated that one day before death of deceased a telephonic call was received from deceased that accused were quarreling with her..........
Criminal Procedure Code, 1973, Section 397, Indian Penal Code, 1860, Section 294 -- Conviction u/s 294 IPC and acquittal u/ss 147, 506 IPC by trial Court - Appellate Court acquitted accused u/s 294 IPC - Revision against - It is appeal and not revision which is maintainable - Complainant is at liberty file special leave to appeal along with an appeal against judgment of..........
Indian Penal Code, 1860, Section 302, 34, 149 -- Murder - Main accused not convicted u/s 34 or S.149 IPC, therefore each individual accused can only be convicted for injury attributed to that individual...........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - All accused came to the spot with arms - Even if assumed that accused may not have come with intention of killing, fact that they were armed, indicates that occurrence did not take place in heat of passion upon a sudden quarrel - Both sides were coming to attend a Panchayat to settle a dispute - A-1 should..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - A-2 alleged to have given a blow with an iron pipe on back of neck of deceased - He therefore can only be held guilty of having committed offence u/s 324 IPC, as neither S.34 IPC nor S.149 IPC are applicable in view of High Court and each accused will only be responsible for his own acts and injuries - Since A-2..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 427, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(VA) -- Quashing of FIR - Offence u/ss 323, 341, 427, 34 IPC, S.3(2)(VA) of SC/ST Act - Parties have already entered into compromise and resolved their dispute amicably - Complainant does not..........
