Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 114 -- Abduction and murder - Last seen together - Presumption - Failure on part of accused to furnish any explanation or furnishing false explanation with regard to last seen together - Draws strong presumption against accused and in favour of his guilt and would provide additional link in chain..........
Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 3, 8 -- Abduction and murder - Circumstantial evidence - Evidence of PWs1 & 2 with regard to motive for commission of offence, last seen circumstances, recovery and identification of dead body is consistent with case of prosecution - There is no embellishment or exaggeration in evidence of these..........
Criminal Procedure Code, 1973, Section 438, Punjab Excise Act, 1914, Section 61, Indian Penal Code, 1860, Section 420 - - Offence u/s 61 Punjab Excise Act and S.420 IPC - Liquor recovered from vacant plot accessible to all - There is nothing on record to attach petitioner with the said recovery - Petitioner has already joined the investigation and he is not required for..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 365, 352 -- Delay in lodging FIR - Abduction and assault - A-1 acted as a benefactor to family of complainant and had helped them financially and otherwise on multiple occasions - PW1 under such circumstances, might have been reluctant to lodge a complaint immediately after occurrence of said..........
Indian Penal Code, 1860, Section 365, 352 -- Abduction and assault - PW1 was abducted along with her husband/victim (since dead) - She deposed in detail about how A-1 hoped to marry her and unduly favoured her and her family - PW1 also stated that how A-1 confined and assaulted her husband - Evidence of PW1 is natural, consistent, probable and reliable and her evidence..........
Indian Penal Code, 1860, Section 365, 352 -- Abduction and assault - Mere acquittal of drivers and A-14, would not erode ample evidence against Accused 1 to 9, who actively participated in crime of abduction by forcibly taking PW1 and her husband to house of A-14 - Accused 1 to 9 convicted...........
Indian Penal Code, 1860, Section 279, 337, 338, 427 -- Reduction of sentence - Offence u/ss. 279, 337, 338, 427 - Petitioner is 24 years of age and has undergone substantial period of sentence - Even, no other case is pending against the petitioner, hence, sentence reduced from 1 year to 6 months u/s 338 IPC...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Murder - Delay in lodging FIR - FIR reduced to writing on basis of written report lodged by complainant - There is correction as to time of offence in FIR - However, considering the fact that carbon copy also produced of document, same also indicates that time was corrected when FIR was..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of sole eye witness - PW1/brother of deceased stated that there was a case pending regarding beating incident between parties u/s 107 IPC - He explained the entire incident and nothing brought in cross-examination as to doubt the version given by witness that is medically corroborated also and substantially..........
Indian Penal Code, 1860, Section 302 -- Murder - Source of light at the spot - There was source of light at the spot from the adjoining house and boundary wall at the spot was stated to be 2-1/2 feet which could not have obstructed light as suggested in cross-examination of eye witness - There is thus, no doubt as to version of eye witness as to visibility and source of..........
