Criminal Procedure Code, 1973, Section 293 -- Medico Legal Certificate (MLC) and Post Mortem Report (PMR) - Difference in number of injuries as reflected in MLC and PMR - MLC is only a preliminary examination whereas, PMR is a detailed examination, later takes precedence over observations made in an MLC...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence under PWDV Act - Admittedly, respondent/daughter-in-law and son of petitioner/father-in-law after 10 days of marriage started living separately at place `C' and petitioner/father-in-law was living at place `M' with his family and they did not share common house hold - Even, Court below analysed..........
Criminal Procedure Code, 1973, Section 273, 299, 317 -- Recording of evidence in absence of accused - Courts would be justified in recording evidence in absence of accused when circumstance mentioned in Ss.299, 317 Cr.P.C arise...........
Criminal Procedure Code, 1973, Section 273, 299, 317 -- Recording of evidence in absence of accused, when there was no dispensation as contemplated u/s 273 Cr.P.C - S.273 Cr.P.C stood violated, as there was an infringement of salutary principle - However, said infringement is curable one - High Court directed de novo trial of witnesses examined in absence of accused -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 30 vials of onerex containing 100ml each and 30 strips of carisoma - Non-compliance of mandatory provisions of S.50 of the Act - Considering the case set up by prosecution and custodial period suffered by petitioner, further detention of..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 429, 435 -- Delay in lodging FIR - Offence u/ss 429, 435 IPC - Accused allegedly put hut of complainant on fire and committed a mischief by killing a calf - He himself in his statement u/s 313 Cr.P.C stated that Panchayat was convened to effect a compromise a day after alleged occurrence - Efforts..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 429, 435 -- Probation - Offence u/ss 429, 435 IPC - Accused not undergone any part of his substantive sentence, yet he faced agony of a protracted trial for past 18 years - He was not a previous convict as per his custody certificate nor he is involved in any other criminal case - No useful..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25 - - Offence u/ss 307, 34 IPC and S.25 Arms Act - Retraction by injured in subsequent statement - Earlier injured narrated that gun shot was fired accidentally but subsequently it was stated that it was intentional - Considering the variance in the statement of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, 201 - - Murder - Accused is a lady who has recently delivered a child cannot be deprived of attending her newly born baby particularly when further custody of petitioner is not required for any investigation - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, 201 - - Murder - Complainant alleged illicit relations of deceased and accused and when husband of accused suspected about their relation he murdered his son/deceased - However, during inquest proceedings no such allegation was made by the complainant - Even, FIR was got recorded after..........
