Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 120B, 109 -- Offence u/ss 13(1)(e), 13(2) of the Act and Ss.120-B, 109 IPC - Accused was not a public officer or public servant - He cannot therefore be charged with committing an offence u/ss 13(1)(e), 13(2) of P.C. Act - Only material put against accused is that sale deed was..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Dead body of deceased `S' not recovered pursuant to any disclosure made by any of accused - Not a single person had seen deceased `S' in the company of accused - Guilt of accused not proved - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Non-recovery of weapon of offence - Deceased had sustained a gun shot injury with a point of entry and exit - Non-recovery of weapon of offences would therefore, not discredit the case of prosecution which has relied on eye witness accounts...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Gun shot injury - Failure to produce a report by a ballistic expert who can testify to fatal injuries being caused by a particular weapon is not sufficient to impeach credible evidence of direct eye witnesses...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Prosecution is not required to prove that there was an elaborate plan in existence for a long time - Common intention to commit crime is proved if accused by their words or action indicate their assent to join in commission of crime...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence of three eye witnesses - Eye witnesses deposed about presence of deceased at the pond and presence of accused at the place of occurrence - They also stated that accused having exhorted co-accused to kill deceased and co-accused shooting the deceased, as a result deceased sustained injury on chest and collapsed..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Accused reached the spot with a lathi along with co-accused who had a pistol - Evidence on record established common intention in pursuance of which accused exhorted co-accused to kill deceased - Accused's exhortation was crucial to commission of crime since it was only after he made statement that..........
Indian Penal Code, 1860, Section 302, 364A, 201, 120B, Constitution of India, 1950, Article 226 -- Writ petition - Against order affirming death sentence - Consideration of a writ petition founded on the ground of delay in disposal of mercy petition or application for commutation of sentence, would be distinct and different from original proceedings which culminated in..........
Criminal Procedure Code, 1973, Section 389(1), Indian Penal Code, 1860, Section 376, 506 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Rape - FIR was lodged initially u/s 294 IPC and S.376 IPC was added later on - No internal and external injury was found on person of prosecutrix as per her medical report - Hymen was found old torn..........
Indian Penal Code, 1860, Section 302, 201, 506B -- Murder - Death Sentence - It does not appear that accused was given a meaningful time and a real opportunity of hearing on question of sentence - It does not appear that the courts below have drawn a balance sheet of mitigating and aggravating circumstances - Therefore, inclined to convert sentence imposed on accused from..........
