Indian Penal Code, 1860, Section 411 -- Receiving stolen property - Merely because accused did not claim ownership of case property is not sufficient to hold that those articles belonged to complainant or accused were in possession of same, which were got recovered pursuant to their disclosure statements...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 411 -- Delay in lodging FIR - Receiving stolen property - Statement of complainant recorded after 11 months of incident - Complainant without any basis named accused to be one who broke open lock of his house and committed theft besides burning some of articles - However, it was not mentioned as..........
Indian Penal Code, 1860, Section 411 -- Receiving stolen property - Testimony of only official witnesses were relied upon by prosecution and no independent corroboration was sought by prosecution for proving factum of accused suffering disclosure statements and getting recovered articles - More so, ownership of various articles stolen is not proved to be that of..........
Indian Penal Code, 1860, Section 302 -- Murder - Prosecution contended that deceased was murdered by both accused and accused contended that she committed suicide by hanging - However, medical evidence failed to decide as to whether case was of homicidal or suicide - No evidence on record to show that A-2 was present at the spot - Even otherwise, there is no evidence..........
Indian Penal Code, 1860, Section 302, 304B -- Alternative charge - A person cannot be convicted both u/s 302 as well as 304-B IPC - If charge u/s 304-B IPC fails, Court can proceed to examine if charge u/s 302 IPC would stick and that is why it has been suggested that it should be framed as an alternative charge...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Altercation between accused and deceased prior to incident was not relating to dowry at all but about giving milk to child who was crying, as a result accused slapped deceased - Deceased mentally disturbed with the same and committed suicide - Conviction of A-1 u/s 304-B IPC thus, converted to one u/s 306 IPC - As far..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Sufficient evidence on record against A-1, that he treated deceased with cruelty - Evidence of parents of deceased in this regard is clear and consistent - However, allegations against A-2 is vague and not very specific, as he was not staying with A-1 and deceased - A-1 convicted u/s 498-A IPC and A-2 acquitted...........
Indian Penal Code, 1860, Section 304(Part II) -- Injuries sustained by accused party - It is not always incumbent upon prosecution to explain injuries of accused person - Prosecution is obligated to explain injuries of accused only if injuries sustained by accused are grievous in nature...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Evidence of injured witnesses, complainant, wife of deceased and brother of complainant is consistent and corroborating each other on various aspects like role played by each accused and weapon wielded by accused - Evidence of these witnesses and eye witness is also corroborated by medical..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused Nos.4 & 5 though named in the complaint, but no overt act was attributed to them - High Court rightly acquitted them by observing that in absence of specific overt act attributed to accused, they cannot be held, guilty - Accused rightly acquitted...........
