Indian Penal Code, 1860, Section 302, 364, 379, 34, Evidence Act, 1872, Section 27, 26 -- Murder - Circumstantial evidence - Disclosure statement - Recovery of material objects - None of witnesses identified camera or stated belongings of deceased - Said statements are inadmissible in spite of mandate contained in S.27 of the Act, as it not resulted in discovery of new..........
Indian Penal Code, 1860, Section 302, 364, 379, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - PW11 identified all three accused in Court, who came at the time when he was washing his car along with deceased and he had last seen all of them sitting in Van on that day - Testimony of PW11 remains intact even during..........
Indian Penal Code, 1860, Section 447, 427, 379, 506, 148, 149 -- Offence u/ss 447, 427, 379, 506, 148, 149 - Admittedly, there is land dispute between parties - Even, as per cross-examination of caretaker of disputed land, it shows that there is no Khasra girdawri in name of complainant or his name - Moreover, neither he knows four sides of disputed land nor he can tell in..........
Indian Penal Code, 1860, Section 379, 201, Evidence Act, 1872, Section 114 -- Theft - Adverse inference - Allegation that accused stole the bond paper on which settlement among three parties including accused was recorded - It is not believable that accused after snatching bond will again come back on the same day and no action is taken against accused - Adverse inference..........
Indian Penal Code, 1860, Section 379, 201 -- Stealing of bond - Signing of bond is not sufficiently proved, thus question of snatching away by accused does not arise - I.O should have enquired with opponent of accused who were said to be present on date of production of alleged agreement bond - Delay of 2 days in filing of complaint after the incident also goes against..........
Indian Penal Code, 1860, Section 302, 379, 201, 34 -- Murder - Circumstantial evidence - Last seen evidence - Statement of last seen witnesses recorded after 4 months of incident - Two last seen witnesses declared hostile by prosecution - Statement of PW1 recorded after such delay, shows that he has not seen accused alongwith goats - Last seen evidence not proved...........
Indian Penal Code, 1860, Section 302, 379, 201, 34, Evidence Act, 1872, Section 114 -- Murder - Circumstantial evidence - Recovery of silver and gold ornaments - Recovery made after four months of incident and recovery witnesses not supported prosecution case - Thus, no question of identification made by PW3 - Trial Court convicted accused on basis of presumption drawn u/s..........
Indian Penal Code, 1860, Section 420, 452, 467, 471, 379, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Stealing of cheques - Cheques dishonoured on 29.03.2017 and FIR lodged on 30.03.2017 - Complainant had knowledge that he shall be facing proceedings under the Negotiable Instruments Act - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 324, 325, 342, 354, 427, 379, 148, 149 -- Quashing of complaint - Complaint alleged that accused persons forcibly entered into his house and they were armed with daangs and gave daang blow on head and other parts of body and as soon as his wife came to rescue him, accused persons torn..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 379 -- Appeal against acquittal - Tree was cut and SHO was informed on same date and recovery memo shows that wood and tractor were taken into possession - No demarcation report has been obtained to know that from which area tree was cut - Wood taken in possession/sapurdari was not produced before..........
