Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Circumstantial evidence - Circumstances as evinced from statement of witnesses are not forming the chain complete to point guilt of accused - Except the circumstances that accused and deceased are husband and wife and they were present in the house of informant at the time of occurrence, nothing more can..........
Agreement to sell -- Mere agreement to sell does not itself create any interest in or charge on property agreed to be sold as per S.54 of Transfer of Property Act...........
Indian Penal Code, 1860, Section 420, 468, 120B -- Cheating - Forged document - Quashing of charge sheet - Allegation that accused have forged certain documents to change surname of his son in school record - However, during investigation, I.O has failed to collect any evidence to show that even a single document was prepared by accused for purpose of cheating - Charge..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 323, 427, 328, 504, 506, 354D, 392, 406 -- Bail - Rape - Charge sheet already submitted - Victim and her supporting witness are examined and other witnesses are also examined - Accused is in jail since Mar 2018 - Family members of accused are not residing in place where incident occurred,..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Application for statutory bail not filed prior to filing of charge sheet - Application filed only after filing of final report - Indefeasible fight to seek statutory bail got over - It is not revived subsequently...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once charge sheet is filed within stipulated period, right of accused to seek statutory bail stands extinguished - Such a right does not get revived merely for the reason that Court has not taken the case on file and assigned a number...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Charge can be altered at any time before pronouncement of judgment subject to conditions set forth in S.216 Cr.P.C...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.13(2) of P.C. Act to S.13(1)(c) of P.C. Act - Evidence of case was already over and Public prosecutor stated that no witness was to be recalled or re-summoned or to be called or examined even after alteration of charge - Even, accused does not intend to recall or re-summon or examine any witness with..........
Criminal Procedure Code, 1973, Section 438 -- Interim protection - Relaxation of condition - Accused directed not to enter village - Since, investigation is complete and State can file charge sheet - Relaxation as prayed for granted...........
Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 376D -- Sexual assault - Reduction of sentence - Accused `L' has died while serving out the sentence - Accused `N' is in custody since 2014 and has almost completed more than six years of sentence awarded - Moreover, since charge proved against accused `N' is of an abettor,..........
