Indian Penal Code, 1860, Section 506 -- Offence u/s 506 IPC - Mere allegation that accused had abused complainant does not satisfy the ingredients of S.506 IPC...........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 504, 506 -- Discharge - Offence u/ss 504, 506 IPC - Allegation that accused with two or three other unknown persons, one of whom was holding a revolver came to complainant's house and abused him in filthy language and attempted to assault him and when some neighbours arrived they fled away - Said..........
Indian Penal Code, 1860, Section 302, 447, 34 -- Murder - Recovery of weapon of offence - Lathi recovered from accused was not sent to FSL is immaterial, as evidence of recovery and FSL report would only be required to corroborate evidence of eye witnesses in case it is not wholly reliable - Since evidence of eye witnesses is wholly reliable, same would not require any..........
Indian Penal Code, 1860, Section 302, 447, 34 -- Murder - Testimony of eye witnesses - Material PWs being sons of deceased specifically named accused as an assailant in their sworn statements and assigned them a specific role of giving lathi blows on head of deceased - They also alleged that co-accused was armed with an axe and he too inflicted blows thereof on head of..........
Criminal Procedure Code, 1973, Section 432, 433 -- Premature release - Offence u/ss 302, 307 IPC - Petitioner convicted on 3 counts for offence u/s 302 IPC and on 4 counts for offence u/s 307 IPC and in relation of which he has been given life imprisonment on each count - Question as to whether petitioner should be granted remission and premature release in respect of all..........
Criminal Procedure Code, 1973, Section 238, 239, 241, Indian Penal Code, 1860, Section 454, 380, 34 -- Conviction on plea of guilt - Non-compliance of provisions of Ss.239, 240 Cr.P.C - Offence u/ss 454, 380, 34 IPC - Procedures prescribed by Ss.239, 240 Cr.P.C i.e consideration by Magistrate of police report and matter submitted before it and an opinion formed that charge..........
Evidence Act, 1872, Section 30, Indian Penal Code, 1860, Section 489B, 489C -- Confession of co-accused - Fake currency notes - No recovery effected from residence of accused of counterfeit notes - Even there is no other material on basis of which even a strong suspicion could be aroused - It is only confession of co-accused which is against accused - In the absence of any..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Accused being annoyed with his brother/deceased on having been slapped by him, murdered him and after putting dead body in fishing net dumped it in the pond - Skeleton of deceased recovered at the instance of accused on disclosure statement u/s 27 of Evidence Act..........
Indian Penal Code, 1860, Section 302, 34 -- Murder of 5 persons belonging to same family - Death sentence - Solitary confinement - Prior to the rejection of mercy petition - Death sentence commutated life imprisonment...........
Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 3, 8 -- Murder - Circumstantial evidence - Motive attributed to accused proved on record - Version of PW1 has been duly corroborated by PW3 - Even, accused did not made any complaint that his extra judicial confession was obtained by coercion - Cause of death as per post mortem reports duly proved..........
