Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Quashing of FIR - Development agreement - Amount of Rs.1 crore paid along with development agreement cannot be said to have been entrustment of property - Even otherwise, accused not used the amount nor misappropriate it contrary to any direction of law or..........
Indian Penal Code, 1860, Section 364A, 302, 201, 34 -- Kidnapping for ransom - Murder - Disappearance of evidence - Family of deceased as well as testimony of driver of hired Indica Car establishes that deceased was last seen in the company of accused - Evidence pertaining to call records and phones and SIM cards seized from accused also establish that they made several..........
Indian Penal Code, 1860, Section 364A, 302, 201, 34 -- Kidnapping for ransom - Murder - Disappearance of evidence - Death sentence - Rarest of rare case - Offence committed in pre-mediated manner and involved in heartless betrayed of trust of deceased, who was first cousin of accused - But this is not a sufficient reason to bring it within ambit of rarest of rare cases,..........
Indian Penal Code, 1860, Section 498A, 307, 34 -- Cruelty - Attempt to murder - Evidence on record unerringly points towards guilt of accused in subjecting his wife to cruelty during her stay at matrimonial home and setting her on fire thereby causing burn injuries on her person which according to doctor had it continued for some more time, it would have been fatal -..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused who confined in jail allegedly assaulted another under trial prisoner with a broken brick - Motive behind the crime not proved by prosecution - Presence of brick inside the jail appears to be doubtful, as the evidence of jailor PW2 is silent as to where he brought brick and produced it before I.O - Medical..........
Indian Penal Code, 1860, Section 302, 307, 324, 326, 448 -- Murder of three minor children and also caused serious injury to fourth minor child - Accused not a previous convict or a professional killer - Motive of accused to commit murder and eliminate family of co-brother is out of family dispute - Case does not fall within category of rarest of rare case warranting death..........
Evidence Act, 1872, Section 114, Indian Penal Code, 1860, Section 302 -- Adverse inference - Murder case - Victim last seen in the company of accused when victim offered chocolates to accused - No explanation forthcoming from statement of accused u/s 313 Cr.P.C as to when he parted company of victim - Even no explanation is there as to what happened after he getting..........
Indian Penal Code, 1860, Section 302 -- Murder of 8 years old girl - Circumstantial evidence - Accused was treated as family member and he is uncle (Mama) of victim - Victim went along with accused when she was offered chocolates to accused - Last seen circumstance is proved as per PWs - PWs supported prosecution case - Offence of murder proved - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302 -- Murder of 8 years old girl - Death sentence - Accused acquitted under POCSO Act - Motive for murder is not clear - Accused does not have any criminal background, nor he is a habitual offender - Murder has not been committed with extreme brutality or that same involves exceptional depravity - Only aggravating factor is that accused..........
Indian Penal Code, 1860, Section 304 -- Charge - Dropping of charge u/s 304(Part I)PC - Collapse of building due to earthquake - 98 persons lost their lives - Earthquake engulfed almost entire State of Gujarat - Out of four towers erected by accused only one tower had collapsed - Moreover, almost 12 buildings collapsed in the State - In all other cases no charge u/s..........
