Indian Penal Code, 1860, Section 302, 201 -- Murder - PW3 stated that he had seen the incident - However, evidence of informant as well as I.O does not indicate that PW3 told them that he had seen the incident - Moreover, he is not cited as eye witness by prosecution - PW3 thus, not speaking truth, as he had neither seen the occurrence nor he furnished the details of..........
Indian Penal Code, 1860, Section 354, 354A, 354B, Protection of Children from Sexual Offences Act, 2012, Section 10, Evidence Act, 1872, Section 118 -- Outraging modesty of 4 years old girl - Testimony of child witness - Accused aged 65 years outraged modesty of 4 years old girl by touching her vagina - Prosecutrix was immature and did not know the consequence of accused's..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 148, 149, Arms Act, 1959, Section 25 -- Statement of accused u/s 313 Cr.P.C. - Murder case - Incriminating circumstance not put to accused in his statement u/s 313 Cr.P.C - Examination of accused u/s 313 Cr.P.C thus, rendered an empty formality - Only on this count, conviction and sentence of..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred due to sudden verbal quarrel and evidently there was no pre-mediated plan to attack deceased - In view of civil disputes already pending between parties, a minor verbal exchange bloated into a sudden attack - Two simple injuries inflicted upon scalp of deceased, and one such injury..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused under intoxication ablazed his wife after a sudden quarrel - There was no pre-mediation on the part of accused to cause death of deceased - Deceased suffered 60 to 65% burn but survived for about 1/1-2 months - There is absence of motive and on the basis of evidence on record, it cannot be..........
Indian Penal Code, 1860, Section 302 -- Murder - Gun shot injury - Mere recovery of pistol and matching of bullet not enough to convict accused for offence of murder when there is absolutely no evidence to show as to who fired the bullet from the pistol and at whom it was fired...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(B)(ii)(c), 21(B), Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25 -- Recovery of 3 kg charas, 50 tiny packets of smack and illicit arms - Search and seizure - Contraband was not weighted on the spot by arresting team and weight was assessed as per speculation - It cannot be said that..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 366, 376, 506 -- Anticipatory bail - Kidnapping and rape - FIR filed as counter blast to complaint made by petitioner against some police officials - There was dispute between petitioner and complainant with regard to dishonour of certain cheques to which petitioner filed complaint u/s 138 of N.I..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 30 -- Murder - Fire arm injuries - Testimony of PW2 sister of deceased, an injured witness - However, injuries found on person of PW2 were not received by her on the date of incident as per evidence of PW3/doctor - PW2 is thus, not a reliable witness and her testimony is liable to be discarded while complicity..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 30 -- Murder - Fire arm injuries - FIR is ante-timed and also the documents including inquest report, photo lash and letter addressed to CMO were not prepared on date and time as alleged by prosecution - Possibility of prosecution case as spelt out in FIR being concocted after due deliberations and consultations..........
