Indian Penal Code, 1860, Section 302 -- Murder - Deceased suffered 23 injuries - Most of injuries are abrasions - Complainant deposed as per FIR - PWs corroborated statement of complainant with regard to infliction of injuries on person of his deceased brother - Weapon of offence recovered at the instance of accused - Ocular version is duly corroborated by medical evidence..........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Incident occurred when accused released from jail on completion of his sentence - Accused already served sentence of life imprisonment in another murder case - Although criminal record of accused is not good, but present case does not fall within ambit of rarest of rare case - Death sentence of accused..........
Indian Penal Code, 1860, Section 376, 448, 511, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - From the evidence available on record, it is evident that none is an eye witness to occurrence - Even as per allegation it is evident that allegation is not at all found duly substantiated and even if evidence is accepted, victim was only lying down and then..........
Indian Penal Code, 1860, Section 302, 201, 120B -- Murder - Material witnesses except PW8 not supported prosecution case - However, PW8, named accused only on basis of suspicion - Suspicion how-so-ever strong cannot take place of proof - Statement of PW8 is not corroborated by any other evidence on record - Prosecution failed to prove its case - Accused rightly acquitted...........
Criminal Procedure Code, 1973, Section 468, 473, Indian Penal Code, 1860, Section 354, 506 -- Limitation - Offence u/ss 354, 506 IPC - FIR registered after 14 years of incident and 11 years after period of expiration of limitation - Neither delay is properly explained nor there are reasons by Magistrate for condoning the same in the interests of justice - Mere fact that..........
Indian Penal Code, 1860, Section 451, 323, 147, 506 -- Offence u/ss 451, 323, 147, 506 IPC - Main witness of incident not examined by prosecution - PW3, independent witness, reached at the spot after the incident - Exaggeration that clothes were smeared with blood as stated by PW1 not matched with medical evidence - Prosecution thus, failed to explain as to whether it was..........
Indian Penal Code, 1860, Section 498A, 506 -- Cruelty - No utterance of involvement of father-in-law even in a single instance narrated in FIR and statements of complainants as well as other witnesses recorded u/s 161 Cr.P.C. - Proceedings qua father-in-law quashed...........
Indian Penal Code, 1860, Section 307 - - Attempt to murder - Framing of charge - All the injuries trivial and superficial in nature - Facts of case do not indicate any intention of accused to cause fatal injuries - Accused discharged from the offence u/s 307/149 IPC...........
Indian Penal Code, 1860, Section 304A, 288 -- Offence u/ss 304-A, 288 IPC - Quashing of FIR - Settlement entered into between accused and family of deceased - Family of deceased do not want to take any further action in said matter - Case is pending investigation and charge sheet is yet to be filed - Deceased and other persons were involved in manual labour of carrying..........
Indian Penal Code, 1860, Section 302 -- Murder of son by father - Property dispute between parties - Two witnesses of facts had seen accused entering room armed with an axe and leaving the room armed with an axe - In the meantime deceased died because of blows of axe - This can lead to only inevitable conclusion that it was accused who murdered deceased - Versions of these..........
