Legal Metrology Act, 2009, Section 3, 51, Indian Penal Code, 1860, Section 415, 467, 468, 471, 34, 120B - - Exclusion of applicability of IPC - Offence u/ss 415, 467, 468, 471, 34, 120-B IPC - Offences in question are not punishable under provisions of the Act, therefore prosecution for such offences could be maintained since trial of such offences is not inconsistent with..........
Indian Penal Code, 1860, Section 302, 506 -- Murder of wife by husband - Death by burning - Smell of kerosene - Oral testimony and documentary evidence on record suggest that there was kerosene kept in the premises - Kerosene can was recovered from the spot and kerosene was lying spread on all sides of can - Burnt match stick and matchbox was also recovered from the spot -..........
Indian Penal Code, 1860, Section 302, 506, Evidence Act, 1872, Section 32 -- Murder of wife by husband - Death by burning - Three dying declarations - Deceased stated against accused/husband only in third declaration when he was not around her - She stated that accused poured kerosene oil upon her and set her on fire, as he came on said day in drunken condition - Defence..........
Indian Penal Code, 1860, Section 376 -- Rape of 90 years old mentally retarded woman - Dispute between parties qua some plot - Statement of prosecutrix not recorded - PW5, son of prosecutrix was 38 years old and witnessed the incident - He stated that accused committed rape for about 15 minutes and he raised alarm only when accused left spot - It is unusual conduct of PW5,..........
Indian Penal Code, 1860, Section 420 -- Cheating - Circumstantial evidence - Motive - A-1 often used to arrange jobs for people at one plant - Allegation that A-1 knew that he could not arrange employment for deceased but still accepted money from deceased with an intention to cheat them and subsequently murdered deceased in order to avoid repayment - However, no evidence..........
Indian Penal Code, 1860, Section 364, 302 -- Abduction and murder - Circumstantial evidence - Last seen theory - Deceased was last seen with A-1 and A-2 in the morning - However, consistent stand of accused that deceased for reasons best known to him disappeared from Railway station, about which accused had informed PW1 on the same day - Neither A-1 nor A-2 absconded after..........
Indian Penal Code, 1860, Section 364, 302 -- Abduction and murder - Circumstantial evidence - Recovery of dead body of deceased - Timings of events staring from recording of disclosure statement of A-1 to recovery of dead body not established clearly - Panch witness reveals that dead body was found hanging to one tree and was completely decomposed - Though it is case of..........
Indian Penal Code, 1860, Section 364, 302 -- Abduction and murder - Circumstantial evidence - Entries made in register of hotel showing name of accused and deceased were not proved - Owner of hotel where register was seized not supported prosecution case - No evidence on record that prosecution made any effort to collect writing of A-1 during course of investigation and to..........
Indian Penal Code, 1860, Section 364, 302, 420 -- Abduction and murder - Cheating - Circumstantial evidence - Cause of death - Prosecution failed to establish probable cause of death of deceased, though it was recorded in inquest panchnama that death was caused by strangulation - Doctor who prepared post mortem report not examined by prosecution to prove contents of report..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Death by poison - Deceased and accused were residing together in a room adjacent to factory of accused - Injuries and nail marks evince resistance by deceased to forcible administration of poison - Accused as per his own statement u/s 313 Cr.P.C handed over a bottle of poison to police stating that..........
