Indian Penal Code, 1860, Section 302 -- Murder - Prosecution relies upon photographs recovered on disclosure statement of A-3 - PW12, photographer stated that Accused 1 to 3 came to his studio and took joint photographs - Said photographs at the most may only show that A-1 and A-3 has illicit relationship - However, there is no evidence adduced to prove that A-3 had..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Plea of self defence - Incident occurred in a free fight between both the parties - Accused sustained injuries in the same occurrence - Prosecution failed to explain injuries sustained by accused - Non-explanation of injuries which are ten in number on the person of accused, raises a doubt about..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - PW1 is the only witness of last seen theory - However, testimony of PW1 not corroborated by any other witness - Recovery of various articles not proved, as forensic examination of these recovered articles not proved in Court - Accused proved to be falsely implicated in the suit - Motive of..........
Indian Penal Code, 1860, Section 302 -- Murder - Opinion of doctor that suicide cannot be ruled out - High Court acquitted accused by arriving at conclusion that "medical evidence does not conclusively establish that it is a case of homicidal death" and that accused is entitled to benefit of doubt - View taken by High Court a plausible view - No interference warranted in..........
Indian Penal Code, 1860, Section 406, 420, 34 -- Criminal breach of trust and cheating - Criminal and civil proceedings - Quashing of criminal proceedings - Prima facie no case is made out u/ss 406, 420 IPC - Dispute between parties is purely of civil nature - Initiating criminal proceedings definitely amounts to an abuse of process of Court - Final report and proceedings..........
Indian Penal Code, 1860, Section 406, 420 -- Criminal breach of trust and cheating - Misappropriation for unlawful gain by subsequent conduct attracts an offence punishable u/s 406 IPC but dishonest intention at the time of making promise attracts an offence u/s 420 IPC...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Every offence of criminal breach of trust of course involves a civil wrong but only if all ingredients as defined in statue are satisfied, a criminal prosecution is sustainable or justified...........
Indian Penal Code, 1860, Section 326, 331, 343, 346 -- Offence u/ss 326, 331, 343, 346 IPC - Illegal detention at police Station - Reduction of sentence - Occurrence was of the year 1992 - Accused/police officers after acquittal recorded by trial Court, also attained the age of superannuation - Victim has been given government job and presently working in office of..........
Indian Penal Code, 1860, Section 307, 120B, Arms Act, 1959, Section 3, 25, Evidence Act, 1872, Section 65B -- Attempt to murder - Accused convicted solely on the basis of call details - However, documents relating to call details do not bear signature of any person - Whether they have been issued by service provider is also not established - Call details are not proved in..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of SC/ST Act - Merely calling a person by caste does not attract penal provision...........
