Indian Penal Code, 1860, Section 302 -- Murder - Absconding of accused - No evidence on record to effect that accused was absent intentionally or ran away so as to evade his arrest - I.O did not state a single word about such conduct of accused - There is no eye witness supporting prosecution case - Evidence of recovery of weapon of offence is not sufficient to hold..........
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 468, 482 -- Cruelty - Limitation - Quashing of complaint - Complaint u/ss 498-A, 420, 406, 324, 506 IPC - Wife filed complaint against husband after delay of 8 years - Bar u/s 468 Cr.P.C not applies to offence u/s 498-A IPC, as it is in the nature of continuing offence - Even..........
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction - Wife claiming to have been harassed by husband not only in India but also abroad - Though no part of cause of action arose in city of Bengaluru, however, complaint filed u/s 498-A IPC a liberal approach requires to be adopted -..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent - Death of motorcyclist - Collusion between motorcycle and tanker lorry - Accident occurred while accused being driver of tanker lorry was trying to overtake another vehicle - However, evidence of PWs 6 and 8 and also spot sketch mark does not support prosecution case - Merely on the basis of rough sketch it..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Anticipatory bail - Offence u/s 13(1)(d) of P.C Act and Ss.420, 120-B IPC - Possession of land in question was taken by government - Petitioner in the capacity of Tehsildar declaring private persons as Gair Marushi and Marushi -..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Conviction - Reduction of sentence - Nothing on record to show that accused is incapable of being reformated - Every convict is entitled for the advantage of reformative and corrective jurisprudence - Sentence of accused reduced from 10 years R.I to 8 years R.I - However, sentence of..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, 120B, 201 -- Murder of four members of one family - Dead bodies of victims found multiple external injuries sustained by them - All such injuries were found sufficient enough to have caused death in ordinary course of nature - Eye witnesses who witnessed the occurrence and identified most of assailants, also elaborated..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, 120B, 201 -- Murder of four members of one family - Death sentence - Accused after committed murder of four members of one family threw them in a canal - High Court after carefully drawing balance sheet of aggravating and mitigating circumstances, deemed it appropriate that case does not fall amongst exceptional category..........
Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Bullets recovered from body of deceased not sent for ballistic examination and comparison and no explanation is forthcoming why these bullets were not sent for ballistic examination - However, prosecution relies on finding in FSL report that hole on shirt..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Three days delay in recording statement of PW1 & PW4 u/s 161 Cr.P.C. - Such delay is substantial and assumes some importance as it has been alleged that FIR has been back dated and was never sent to Magistrate as required u/s 157 Cr.P.C. - Testimonies of PW1 & PW4 have to be held as wholly unreliable - Accused..........
