Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Occurrence took place in the night and lights of both the vehicles were broken and there was no source of light - It is thus, highly improbable that driver of other vehicle could identify driver of erring vehicle in the night - Driver of erring vehicle fled away from the spot - No..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witness has not identified both the accused in Court - Accused cannot be convicted in the absence of their identification by eye witness before Court - Accused acquitted...........
Indian Penal Code, 1860, Section 395, 397 -- Dacoity - Identification of accused - PW3 and PW4 identified the accused in the open Court and stated that he was the person who committed dacoity in their houses - There were sources of light to sufficiently see the faces of accused - Nothing to suggest that there was any cause for them to falsely implicate accused - Accused..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Fire arm injury - Circumstantial evidence - Deceased died from a .12 bore gunshot, which could not be ascribed to rifles issued to accused - There is no recovery of .12 bore gun from any of accused - After the incident police arrived at the place and took the injured to hospital - According to prosecution accused were..........
Will -- Execution - Attesting witnesses and scribe of Will expired - Provision of S.69 of Evidence Act is attracted - Testimony of DW4 and DW7 clearly proves that Will was executed as it finds mention and recorded in Register of scribe - Appellant has failed to demonstrate any suspicious circumstances to surround the Will or counter the testimony of DW4 or DW7 with regard..........
Indian Penal Code, 1860, Section 364A, 307, 149 -- Nature of offence - Offence u/ss 364A, 307, 149 IPC - Whether the evidence on record satisfies the ingredients of Section 365 of IPC - When the boy was retrieved inside the kuthia, his hands were tied with rope and mouth was also closed with some cloth and the rope was opened by the police and the said rope and cloth have..........
Indian Penal Code, 1860, Section 364A, 307, 149 -- Nature of offence - Offence u/ss 364A, 307, 149 IPC - Whether the evidence on record satisfies the ingredients of Section 365 of IPC - When the boy was retrieved inside the kuthia, his hands were tied with rope and mouth was also closed with some cloth and the rope was opened by the police and the said rope and cloth have..........
Indian Penal Code, 1860, Section 304(Part I), 324, 294(b) -- Offence u/ss 304(Part I), 324, 294(b) IPC - PW1 and PW2 witnesses of occurrence identified accused as assailant - Two wheeler of accused recovered from the place of occurrence - PWs identified the two wheeler of accused which he left and fled away from the place of occurrence - Accused rightly convicted -..........
Allotment of plot -- Discretionary quota - Residential plot is merely approved in favour of social worker - Identified plot is yet to be allotted to her - Allotment of an identified plot did not crystallize by date 2003 Full Bench Judgment (Dr Amar Singh case) whereby allotment of residential plots under discretionary quota was held to be vague and arbitrary and directing..........
Indian Penal Code, 1860, Section 392, 397 -- Offence u/ss 392, 397 IPC - Recovery of articles - Mere recovery cannot lead to conviction and sentence of accused unless they have been properly identified by witnesses...........
