Indian Penal Code, 1860, Section 302, 302, 34 -- Accused opened fire and deceased died on spot - All the four accused fled away - PW3 and PW6, Inspector and Sub Inspector of Police on hearing sound of firing chased accused and apprehended two of them with firearm - PWs 12 & 13 claimed to be eye witnesses - Evidence of eye witnesses consistent and corroborative and nothing..........
Prevention of Corruption Act, 1947, Section 6 -- Public servant - Illegal gratification - Sanction for prosecution - Conviction cannot be set aside merely for defective sanction...........
Explosives Act, 1884, Section 9B (i) (b), Explosive Substances Act, 1908, Section 4 -- Recovery of Explosive - Sanction for prosecution - No sanction required under 1884 Act - Sanction required under Explosive Substances Act, 1908 - Report of Controller of Explosive clearly stating that goods recovered were explosive of class-2 and Class 6 of Schedule I of Explosive Rules,..........
Explosives Act, 1884, Section 9B (i) (b) -- Witness - Conviction on the basis of testimony of Investigating Officer - No independent witness - Investigating Officer was found to be trustful inspite of incisive cross-examination nothing came out to discredit his evidence - Court justified to record conviction on his evidence alone...........
Explosives Act, 1884, Section 9B (i) (b) -- Sentence - Recovery of 180 Detonators - Quantities seized clearly disproves that seized article were intended to be used for digging wells - Detonators of a company at Rourkela in Orissa - Recovery at Surat - Accused person tried to run away when Police tried to apprehend them are relevant factors - Conviction upheld...........
Indian Penal Code, 1860, Section 302, 323, 149 -- Five accused armed with lathis fitted with iron rings assaulted deceased who died on spot - Deceased was moving on a motor cycle with PW 1 - PW1 injured in the incident - Mere acquaintance or friendship with deceased by itself not a reason to discard evidence of eye witness - Doctor in post mortem report opined some..........
Indian Penal Code, 1860, Section S.376 -- Rape - Married woman - If a prosecutrix is an adult and full understanding the Court is entitled to base a conviction on her evidence unless the same is shown to be infirm and not trustworthy - If the totality of the circumstances appearing on the record of the case disclose that the prosecutrix does not have a strong motive to..........
Indian Penal Code, 1860, Section 304 Part II -- Assault to teach a lesson - It was not anticipated that assault will result into death - Knowledge that such assault may cause death was there - Conviction u/s 302 r/w S.34 IPC set aside and instead conviction u/s 304 Part II r/w S.34 IPC passed...........
Indian Penal Code, 1860, Section 304 Part I -- Conviction u/s 304 Part I - Occurrence 12 years old - Sentence reduced from ten years to five years...........
Indian Penal Code, 1860, Section 304 -- Part I - Conviction u/s 304 Part I - Occurrence 12 years old - Sentence reduced from ten years to five years...........
