Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Conviction - Circumstantial evidence - Appreciation of evidence - Murder by wife - Relationship between accused-wife and deceased-husband were strained - Recovery of blood stained `kulhari' at the instance of wife and `odhna' worn by accused matched with deceased blood group - Report of medical..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Compromise arrived at between parties - Dispute has been amicably resolved - FIR along with all subsequent proceedings quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 467, 471, 120B -- Bail - Offence u/ss 420, 465, 467, 471, 120-B IPC - Petitioner granted bail in eight cases wherein allegations are identical - Even, co-accused have already been released on regular bail or anticipatory bail - Moreover, offence is triable by Magistrate - Challan has..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25(1B)(a), 27(1) -- Murder - Gunshot injury - All eye witnesses of incident turned hostile - There was thus, absolutely no evidence to prove the fact that accused was present at the spot and came with an unlicensed fire arm which he fired in air five times and sixth one injured the deceased - Although six empty..........
Indian Penal Code, 1860, Section 307, 324 -- Nature of offence - Injuries sustained by injured witnesses were not grievous in nature and cannot be considered to be dangerous to their lives - Parties were co-sharers and there was no previous enmity - Accused not having any motive to cause death of any of three victims - Injuries were caused from distance space - Possibility..........
Indian Penal Code, 1860, Section 376, 307, 323 -- Rape - Subsequent report does not show any injury on private part of prosecutrix as injured remained unconscious for 5-1/2 months - Merely of this reason, prosecution case cannot be thrown though period intervening is substantial...........
Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 302 -- Extra-judicial confession - Murder case - PW4 stated that on the night of occurrence both A-1 and A-2 made extra judicial confession and clothes of A-2 were blood stained - Evidence of PW4 explaining blood stains on cloth of A-2 due to toppling of auto does not advance case of prosecution that A-1..........
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..........
