Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Offence u/ss 324, 326, 308, 34 IPC - Petitioner is owner of car - There can be no objection to release of vehicle to his interim custody - However, it is not proper for this Court to pass any orders releasing vehicle to interim custody of petitioner without verifying the documents - Impugned order..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 420 IPC - Compromise - Chance of ultimate conviction bleak after compromise/settlement arrived at between parties - Continuation of criminal prosecution will be futile exercise and a sheer wastage of previous time of Court - Continuation of criminal proceedings after compromise..........
Indian Penal Code, 1860, Section 302, 149, 148, 120B, Arms Act, 1959, Section 25 -- Murder - Mere recovery of weapons of offence on basis of disclosure statements would not justify conviction u/s 302, 120-B IPC...........
Indian Penal Code, 1860, Section 302, 149, 148, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 3 -- Murder - Testimony of sole eye-witness - Once testimony of sole eye witness discarded it would result in acquittal of convict because they were directly named by sole eye-witness as being present at the spot and of having fired shots/exhorted/driving and..........
Indian Penal Code, 1860, Section 376, 499, 506(2), Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Serious allegations made in the complaint - High Court committed error by quashing the proceedings even before investigation is completed by investigating agency - Order quashing FIR set aside...........
Indian Penal Code, 1860, Section 304B, 302, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Demand of dowry - Cause of death is disputed as per medical evidence - Discrepancy in evidence of PW1 and PW2 with regard to receiving of information about death of deceased - Evidence of Medical practitioner is doubtful - Accused discharged his burden u/s 106 of Evidence..........
Indian Penal Code, 1860, Section 302, 307 -- Murder of wife and daughter - Testimony of PW1/son of accused - Accused allegedly poured kerosene oil on wife and children - Presence of PW1 saved him and also made him crucial eye witness in the episode - Version of eye witness that he fled away from scene of offence at that point of time when his father/accused was about to..........
Indian Penal Code, 1860, Section 302, 307, Evidence Act, 1872, Section 32 -- Murder of wife and daughter - Dying declarations - Dying declaration of wife of accused giving reasons for dispute resulting in offensive language used by accused before setting them ablaze - However, dying declaration of minor daughter of accused was precise and brief just narrating the incident..........
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Taking cash loan and issuing a cheque - Cheque dishonoured - Specific averment in complaint that accused dishonestly induced complainant that amount would be repaid and cheque issued him would be honoured on presentation and that complainant paid them the amount believing..........
Indian Penal Code, 1860, Section 420 -- Cheating - Taking cash loan and issuing a cheque - Cheque dishonoured - There was fraudulent inducement to part with the money which is specifically alleged in the complaint - Even if a person has been tried and dealt with for the offence punishable u/s 138 of Negotiable Instruments Act, on similar facts he can be subsequently tried..........
