Indian Penal Code, 1860, Section 302, 201, 120B -- Murder - Circumstantial evidence - Testimony of PW1 - PW1 is the taxi driver, who was hired by accused for dumping dead body of deceased - However, on being inquired by PW1, both the accused took dead body back to shop - Thereafter, co-accused fled away from the spot and accused closed the shutter of shop - PW1 informed..........
Indian Penal Code, 1860, Section 302, 201, 120B, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Dead body of deceased recovered from exclusive possession of accused, stands proved - Both the accused hatched criminal conspiracy to destroy the evidence by attempting to dump the dead body - Story of accidental death of deceased is not proved on record,..........
Criminal Procedure Code, 1973, Section 439, Punjab Excise Act, 1913, Section 61, Indian Penal Code, 1860, Section 420, 465, 468, 471, Trade Marks Act, 1999, Section 103, 104 -- Bail - Offence u/s 420, 465, 468, 471 IPC, s.61 of Punjab Excise Act and Ss.103, 104 Trademark Act - FSL report has not been received - Offence is triable by Magistrate and only challan has been..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Statement of prosecutrix has been recorded, no useful purpose would be served in keeping petitioner behind bars - Bail granted...........
Indian Penal Code, 1860, Section 308 -- Attempt to commit culpable homicide - Only witness who supported prosecution case is PW1/injured witness - Though testimony of an injured witness should be accepted, but since other witnesses present on the spot have not supported prosecution - Benefit of doubt thus, given to accused - Moreover, where two views are possible on..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Evidence on record implies that incident taken place as a result of sudden fight without premeditation and on spur of the moment - Accused caused fatal blow by lathi on head of deceased but by not repeating the lathi blow he has not taken any undue advantage of the situation - Thus, act of accused falls u/s..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 311 -- Framing of charge - Charge u/s 311 IPC - No evidence on record that petitioners forcibly got pregnancy terminated - To frame a charge there has to be some material available with prosecution which is lacking in the case - Investigation done by prosecution itself does not support her claim -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused inflicted blow to PW1 but deceased came in between and suffered knife injury on his forehead - No evidence on record that accused repeatedly made stab blows to anybody or to deceased - Accused did not had intend to commit murder of deceased but accidentally knife blow landed on his forehead..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note - Tone and tenor of suicide note reveal that deceased was unhappy with circumstances surrounding her in her life - Deceased seems to have been depressed on account of fact that she feared that none understood her or supported her - This feeling of not being understood or loved was attributed to..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - To satisfy the ingredients of "instigation" there must be action or conduct of the instigator which creates circumstances that leaves the deceased with no option except to commit suicide...........
