Indian Penal Code, 1860, Section 302 -- Murder - Merely on the basis of recovery at the site of incident of a wheel spanner, which according to prosecution has fingerprints of appellant on it and three pairs of slippers would not be enough for holding appellant guilty of having caused the death of deceased - Appellant acquitted...........
Indian Penal Code, 1860, Section 279, 304A, 427 -- Rash and negligent driving - Testimony of eye witness/PW5 - PW5 neither identified truck which is alleged to have hit deceased nor identified petitioner as driver of said truck - Evidence of PW5 cannot be taken as sufficient to connect petitioner to be driver of offending vehicle - I.O. has not been examined as a witness -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 420, 406, 120B -- Bail - Cheating - Case against petitioner is based on documentary evidence which is part of challan - There can be therefore no risk of petitioner tampering with the evidence - Moreover, charges have not yet been framed - Prosecution has cited 46 witnesses and will be..........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Mere death of deceased being unnatural in matrimonial home, though within seven years of marriage, will not be sufficient to convict accused, who is mother-in-law of deceased u/ss 304-B, 498-A IPC...........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Allegation against mother-in-law - None of witnesses stated about cruelty or harassment to deceased by appellant or any of her family members on account of demand of dowry soon before death or otherwise - Rather harassment has not been narrated by anyone - It is only certain oral averments regarding..........
Criminal Procedure Code, 1973, Section 167(2), Official Secrets Act, 1923, Section 3, 4, 5, Indian Penal Code, 1860, Section 120B -- Default bail - Offence u/ss 3, 4, 5 of Officials Secrets Act and u/s 120-B IPC - S.3 of Officials Secrets Act, prescribes maximum punishment up to 14 years - There is no minimum punishment provided under the said provision - Punishment..........
Indian Penal Code, 1860, Section 323, 342, 394 -- Offence u/ss 323, 342, 394 IPC - Applicants have abused and assaulted complainant and his companions merely because his car got rubbed with vehicle in which applicants were travelling - Version of complainant is supported by medical examination reports of injured persons - Applicants also damaged mobile phone of complainant..........
Indian Penal Code, 1860, Section 308, 506 -- Offence u/ss 308, 506 IPC - Victim suffered 14 injuries few of which are even life threatening - Presence of witnesses on the alleged spot of incident is proved on record - So far as non-recovery of weapon of assault is concerned, benefit of such lacuna in investigation cannot be given to appellant, as ocular evidence on record..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Victim had consumed liquor along with co-accused on the night of incident - Complainant had named petitioner as one of assailant - However, keeping in view nature of evidence in the form of testimonies of complainant and PW2 coupled with the fact that petitioner is in..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 29, Indian Penal Code, 1860, Section 279, 336, 427 -- Bail - Contraband - Contraband recovered from abandoned car which was found to be registered in the name of petitioner - Plea of petitioner is that he had already sold the said vehicle to one `H'..........
