Indian Penal Code, 1860, Section 302, 34 -- Offence u/s 302 r/w S.34 IPC - Conviction - Evidence of eye witnesses sons of deceased not corroborated by independent witness - Weapon alleged to be used found to be incapable of causing skull fracture in normal course - Seizure/discoveries denied by panch witness having made in their presence by I.O. - Motive for murder most..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Opium - Recovery of 500 grams - Samples not drawn on spot in presence of panch witnesses - Prosecution failing to prove that SHO had sealed seized items and sample was taken by SHO - Non observance of provisions of S.55 of the Act is fatal lapse - Accused is entitled to get benefit - Conviction set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Opium - Recovery of 500 grams - Panch witnesses stated that search of accused was not taken before them and nothing was recovered from the possession of the accused - Witnesses admitted their signatures on memos and had no explanation for it - Witnesses appear to have been won over - Statement of police..........
Punjab Prohibition of Cow Slaughter Act, 1955, Section 3 -- Conviction - Matter 7 years old - Sentence reduced from 1-1/2 years to one year...........
Indian Penal Code, 1860, Section 302, 201 -- Conviction - Circumstantial evidence - Accused last seen with deceased - On return to Bombay accused giving misleading statements to others inquiring about deceased - Key of room in which dead body found recovered from accused - Golden chain, watch and bracelet of deceased recovered from accused at his instance - Trouser of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 32A, 21 -- Conviction - Appeal against - Bail - Court has power to grant bail - However, the same should be done only and strictly subject to the conditions spelt out in section 37 of the Act...........
Indian Penal Code, 1860, Section 302 -- Conviction u/s 302 - Several infirmities in prosecution case - Testimony of PWs 6, 7, 8 & 12 not reliable - Accused stayed at place of incident for few seconds and it is not possible for witnesses to have seen accused - Case not proved beyond reasonable doubt - Conviction set aside...........
Indian Penal Code, 1860, Section 306, 107, 498A -- Evidence Act, 1872, S.113-A - Suicide - Abetment - No direct evidence to establish that the appellant either aided or instigated the deceased to commit suicide or entered into any conspiracy to aid her in committing suicide - Improvements made by prosecution - No case for conviction u/s 306 - However allegation u/s 498-A..........
Indian Penal Code, 1860, Section 498A -- Suicide - Parents of deceased wife not supporting the case of prosecution - Cause of misunderstanding between husband and wife was three children of sister of husband who were living with them and were being looked after by husband - Wife resenting this - This cannot be said to be act of cruelty - Conviction u/s 498-A set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 9, 21 -- Narcotic Drugs and Psychotropic Substances Rules, 1985, R.66 - Possession of 25 ampoules of Buprenorphine Hydrochloride (Titidigesic) of 2 ml each with three syringes - Quantity within limit prescribed under rule 66 - Drugs for personal consumption - No permit with accused under rule 66 - If possession..........
