Indian Penal Code, 1860, Section 302, 34, 379, 120B -- Murder of husband by wife in connivance with her paramour - Circumstantial evidence - A-3 hatched conspiracy with her paramour A-1 along with A-2 and committed murder of her husband - It is proved and established on record that A-1 and A-2 were following A-3 and deceased as per instructions of A-3 and all accused were..........
Indian Penal Code, 1860, Section 379, 427, 447, 504, 506, 149 -- Offence u/ss 379, 427, 447, 504, 506, 149 IPC - Property dispute between parties and civil suit pending in regard to said dispute - No cogent evidence on record to indicate possession of complainant over land - Entire case of unlawful cutting of crop thus, rendered doubtful - No independent witness was even..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379 -- Dismissal of complaint - Quashing of order - Offence u/s 379 IPC - In the complaint crucial details i.e. date of commission of theft not mentioned - Date of theft disclosed for first time in preliminary evidence as adduced by complainant, wherein it was alleged that offence of theft was..........
Criminal Procedure Code, 1973, Section 245, 482, Indian Penal Code, 1860, Section 498A, 323, 406, 379, 504 -- Discharge - Offence u/ss 498-A, 323, 406, 379, 504 IPC - Complainant filed complaint against her i, laws - Discharge application of accused dismissed by Magistrate and quashing petition against the same also dismissed by High Court - No good grounds found to..........
Indian Penal Code, 1860, Section 324, 379, Evidence Act, 1872, Section 9 -- Theft - Identity of accused - Accused allegedly assaulted car driver with iron rod and took away car belonging to informant - Statement of car driver recoded after 3-1/2 years of incident - Injured car driver categorically denied accused to be person who flew away car after assaulting him - No..........
Indian Penal Code, 1860, Section 302, 364, 379, 34 -- Murder - Circumstantial evidence - Identification of dead body - Dead body of deceased recovered from farm of PW1 on information given by A-1 - Same was identified by mother and father of deceased - Dead body was further proved by skull imposition test...........
Indian Penal Code, 1860, Section 302, 364, 379, 34, Evidence Act, 1872, Section 27, 26 -- Murder - Circumstantial evidence - Disclosure statement - Recovery of material objects - None of witnesses identified camera or stated belongings of deceased - Said statements are inadmissible in spite of mandate contained in S.27 of the Act, as it not resulted in discovery of new..........
Indian Penal Code, 1860, Section 302, 364, 379, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - PW11 identified all three accused in Court, who came at the time when he was washing his car along with deceased and he had last seen all of them sitting in Van on that day - Testimony of PW11 remains intact even during..........
Indian Penal Code, 1860, Section 447, 427, 379, 506, 148, 149 -- Offence u/ss 447, 427, 379, 506, 148, 149 - Admittedly, there is land dispute between parties - Even, as per cross-examination of caretaker of disputed land, it shows that there is no Khasra girdawri in name of complainant or his name - Moreover, neither he knows four sides of disputed land nor he can tell in..........
Indian Penal Code, 1860, Section 379, 201, Evidence Act, 1872, Section 114 -- Theft - Adverse inference - Allegation that accused stole the bond paper on which settlement among three parties including accused was recorded - It is not believable that accused after snatching bond will again come back on the same day and no action is taken against accused - Adverse inference..........
