Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 3 -- Murder - Child witness - Credibility - Accused/wife alongwith her lover killed her husband with axe and hammer - Only eye-witness was his minor daughter - Evidence of child witness found to be doubtful and contradictory - Her evidence not corroborated by medical evidence - Recovered articles not..........
Criminal Procedure Code, 1973, Section 82, Indian Penal Code, 1860, Section 341, 323, 34 -- Proclaimed offender - Offence u/ss 341, 323, 34 IPC - Petitioner was abroad when he was summoned with the aid of S.319 Cr.P.C - It was not in the knowledge of petitioner that he was summoned by trial Court - Moreover, parties have already compromised the matter and separate petition..........
Indian Penal Code, 1860, Section 409, 477A, 120B, Prevention of Corruption Act, 1988, Section 5(1)(d), 5(2) -- Misappropriation of 540 bags of fertilizers (Urea) - Complaint lodged alleging misappropriation of only 540 bags of urea but investigation revealed that entire 1040 bags of urea was misappropriated - It is specifically alleged that accused conspired with criminal..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Minor contradiction with regard to place of occurrence does not affect the core of prosecution case, because what was primarily required to be established by prosecution was not place of occurrence, but offence u/s 307 IPC...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Victim was hit twice on his head with bat and thereafter was pushed down the danga - Version put forthwith by victim was duly corroborated by his wife, who deposed on similar lines as those of victim - Injuries sustained by victim duly proved on record by doctor/PW4, who opined that injuries were sufficient to..........
Indian Penal Code, 1860, Section 376, 323, 342, Evidence Act, 1872, Section 9 -- Rape of 7 years old girl - Test Identification Parade (TIP) - Photograph of accused shown to prosecutrix by her father before TIP - Prosecutrix in her examinatio, i, chief not disclosed name of accused and even his physical appearance - She however, identified accused in Court - TIP cannot be..........
Indian Penal Code, 1860, Section 376, 323, 342 -- Rape of 7 years old girl - FIR does not give description of accused either in form of age or physique - Though accused was seen running from scene of occurrence holding his pant by PW1/father of prosecutrix, but he could not see face of person who ran after commission of offence - Even in identification parade, PW1 not..........
Indian Penal Code, 1860, Section 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 323 IPC and S.3(1)(x) of SC/ST Act - Incident took place in the residential quarter of PW14, who is daughter of complainant - However, PW14 not supported prosecution case - Genesis of case is suppressed by prosecution - No..........
Indian Penal Code, 1860, Section 302 -- Murder - Prior enmity between parties due to pendency of eviction suit and criminal case - Accused caused firearm injuries to deceased, resulting his instantaneous death - Incident witnessed by PW1, who duly supported prosecution case - Merely because PW1 is a interested/relative witness, his evidence cannot be disbelieved which was..........
Indian Penal Code, 1860, Section 364A, Madhya Pradesh Dakaiti Aur Vyapahanan Prabhavit Kshetra Adhiniyam, 1981, Section 11, 13, Evidence Act, 1872, Section 9 -- Kidnapping for ransom - Test identification parade - No TIP of accused conducted - Identification of accused in dock by witnesses cannot be relied upon...........
