Indian Penal Code, 1860, Section 302, 379, 447, Evidence Act, 1872, Section 24 -- Murder and theft - Extra judicial confession - Accused not challenged the voluntariness of confession - Fact stated by accused find corroboration from independent sources - Extra judicial confession made by accused to PW14 held, proved - Accused rightly convicted...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 447, 427, 511, 506, 148, 149 -- Summoning of additional accused - Offence u/ss 447, 427, 511, 506, 148, 149 IPC - Property dispute - Allegation that complainant forcibly dispossessed from shop in question - However, possession of petitioners over shop in question already declared by civil Court -..........
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 420, 406, 447 -- Quashing of FIR - Cheating - Allegations contained in FIR constitute prima facie offence against petitioner - Whether dispute between parties is of civil nature or not can only be ascertained after parties lead evidence - Investigation into allegations levelled in FIR already..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 465, 468, 471, 447, 511, 120B -- Anticipatory bail - Cheating - Property dispute - Entire dispute between parties is regarding execution of various documents which both parties claim to be forged and fabricated - Said fact can be decided only during course of trial - Without commenting..........
Indian Penal Code, 1860, Section 448, 380, 457, 447, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 448, 380, 457, 406, 120-B IPC - Quashing of FIR - Compromise entered into between parties - Magistrate recorded statements of parties and reported that compromise between parties is not the result of any pressure or coercion in any manner and is..........
Criminal Procedure Code, 1973, Section 401, 378, Indian Penal Code, 1860, Section 323, 447, 147 -- Conversion of revision petition into appeal - Leave to appeal - Offence u/ss 323, 447, 147 IPC - Conversion of revision petition into appeal is legally permissible - However, in appropriate cases, that too at very threshold and not at a belated stage - Application to convert..........
Indian Penal Code, 1860, Section 323, 447, 147 -- Offence u/ss 323, 447, 147 IPC - Only allegations against accused are that they entered upon field of complainant party and caused hurt to complainant - Simple injuries were sustained by complainant - No evidence on record that accused formed unlawful assembly and conspired with each other - No evidence on record against..........
Indian Penal Code, 1860, Section 147, 148, 447, 323, 324, 302, 307, 149 -- Murder - Conviction - Appreciation of evidence - Quarrel over harvesting millet crop - Sudden fight - No common object of unlawful assembly - Eye-witnesses failed to establish as to how many injuries were received by deceased and with what weapon - Death due to coma, as a result of head injury,..........
Indian Penal Code, 1860, Section 447, 323, 148 -- Order taking cognizance - Legality of - Evidence on record established that while taking cognizance trial Court neither adverted to negative report of police nor to statements of complainant and his witnesses recorded u/s 161 Cr.P.C. which categorically stated that accused were in cultivatory possession of field in question..........
