Indian Penal Code, 1860, Section 302, 307 -- Murder - Attempt to murder - Initially case was registered u/s 324 IPC and where after injured were referred for medical treatment - Deceased died after 4 days of incident on account of unhygienic medical treatment - Persons who came on spot and saved injured not examined by prosecution - Weapon of assault recovered from open..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Complainant not witnessed the occurrence - He believed whatever eye witness PW2 informed him - However, conduct and statements of PW2/eye witness do not inspire confidence - PW3 another eye witness, wife of deceased though stated to be in shock and not in consciousness for about a month - But no medical evidence produced..........
Criminal Procedure Code, 1973, Section 482, Official, Official Secrets Act, 1923, Section 3(1)(c), 5(1)(c), 5(1), 5(4), Indian Penal Code, 1860, Section 120B -- Quashing of proceedings - Offence u/ss 3(1)(c), 5(1)(c), 5(1), 5(4) of Official Secrets Act and S.120-B IPC - All co-accused discharged and trial is pending only against petitioner - Role of petitioner is no..........
Indian Penal Code, 1860, Section 392, 412 -- Robbery - Dishonestly receiving stolen property - Stolen cash was recovered from accused soon after robbery - No explanation was given for the same - Failure on the part of accused to account for currency notes which bear signatures of bank personnel and were shortly recovered after robbery unerringly points towards guilt of..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), Indian Penal Code, 1860, Section 376(2)(i) -- Sexual assault - Prosecutrix, her mother and grandmother won over by accused, as they resiled from their statements - However, scientific and medical evidence supported prosecution case - It is revealed that human semen was found on shirt and slacks of..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), Indian Penal Code, 1860, Section 376(2)(i) -- Sexual assault - Merely because accused not absconding after the incident, it gives no presumption in his favour that he is innocent, particularly when crime is proved against him - Accused rightly convicted...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 448 -- Cancellation of bail - Cheating - Property dispute - Dispute between parties is of civil in nature, as civil proceeding pending in Civil Court - Accused are in possession of property in dispute and they got injunction order by competent Court in their favour -..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 313, 420, 452, 504, 506 -- Discharge - Rape case - Prosecutrix willingly consented to having sexual intercourse with accused with whom she was deeply in love, not because he promised to marry her but because she also desired it - It cannot be therefore, hunt prudent mind that she has..........
Criminal Procedure Code, 1973, Section 401, 378, Indian Penal Code, 1860, Section 323, 447, 147 -- Conversion of revision petition into appeal - Leave to appeal - Offence u/ss 323, 447, 147 IPC - Conversion of revision petition into appeal is legally permissible - However, in appropriate cases, that too at very threshold and not at a belated stage - Application to convert..........
Indian Penal Code, 1860, Section 323, 447, 147 -- Offence u/ss 323, 447, 147 IPC - Only allegations against accused are that they entered upon field of complainant party and caused hurt to complainant - Simple injuries were sustained by complainant - No evidence on record that accused formed unlawful assembly and conspired with each other - No evidence on record against..........
