Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 27, 30 -- Murder - Confession - Mere recovery of dress u/s 27 of Evidence on the basis of confession statement made by an alleged conspirator, does not implicate other accused who were alleged to be assailants who killed the deceased...........
Indian Penal Code, 1860, Section 302, 120B, Criminal Procedure Code, 1973, Section 161 -- Murder - Conviction - Witness turned hostile - Merely because the IOs spoke of such statements having been made by the witnesses during investigation, does not give them any credibility, enabling acceptance, unless the witnesses themselves spoke of such motive or acts of commission or..........
Indian Penal Code, 1860, Section 302, 120B, Criminal Procedure Code, 1973, Section 161 -- Murder - Conviction - Witness turned hostile - Conviction on the basis of statement made u/S. 161 Cr.P.C - Merely because the story come out of the mouth of IO, it cannot be believed and a legal sanctity given to it, higher than that provided to S.161 statements u/s 162 Cr.P.C...........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 27, 30 -- Murder - Witness turned hostile - Conviction - As per record, no discovery of fact made on the basis of confession of A1 regarding place of conspiracy and transaction of money - Further, the clothes and machetes allegedly worn by A5& A6 were recovered based on confession statement of A3 the..........
Indian Penal Code, 1860, Section 498A, 325, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - No specific allegation of any physical violence except for vague statements made by wife about she having been beaten up, in which she sustained a fracture and having been subjected to physical and mental torture..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 186, 379, Mines and Minerals (Regulation and Development) Act, 1957, Section 21 -- Anticipatory bail - Offence u/ss 353, 186, 379 IPC and S.21 of Mines and Minerals Act - Petitioner is alleged to have done illegal mining by using a tipper vehicle which was driven by him - Said vehicle already..........
Indian Penal Code, 1860, Section 353 -- Offence u/s 353 IPC - Use of criminal force or assault on a public servant is essential to attract S.353 IPC...........
Indian Penal Code, 1860, Section 353, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 353 IPC - Quashing of FIR - Uncontroverted allegations in chargesheet do not disclose use of force or holding out threatening gestures giving rise to an apprehension of use of force towards public servant - Physical movement of labourers would not amount to use of force far less..........
Indian Penal Code, 1860, Section 186 -- Offence u/s 186 IPC - Cognizance of offence u/s 186 IPC was taken on a police report in breach of S.195 Cr.P.C - S.195 Cr.P.C provides no Court shall take cognizance of offence u/s 186 IPC save and except on a complaint in writing by aggrieved public servant or his superior - Cognizance taken of offence u/s 186 IPC on a police..........
Indian Penal Code, 1860, Section 186 -- Offence u/s 186 IPC - S.186 IPC is a non-cognizable offence and in absence of ingredients of S.353 IPC (cognizable offence) disclosed in FIR, prior permission of Magistrate u/s 155(2) Cr.PC was necessary to register FIR - No such permission was obtained rendering registration of FIR and ensuing investigation bad in law - FIR quashed...........
