Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C should not be exercised merely on statement of complainant or witnesses who have reiterated their statements recorded u/s 161 Cr.P.C during course of investigation, which I.O did not find credible and cogent on basis of evidence collected by him...........
Evidence Act, 1872, Section 27, Arms Act, 1959, Section 25 -- Disclosure statement - Recovery of weapon of offence - Offence u/s 25 of Arms Act - Place of recovery was assessable to everyone - No independent witness had been joined at the time of recovery as villagers has shown their inability - I.O had not given any notice to any of witnesses and no action was taken..........
Criminal Procedure Code, 1973, Section 41A -- Notice of appearance before police officer - No material on record on basis of which it can be concluded that credible information is available with investigating agency on basis of which petitioner could be nominated as an accused - For this reason, as well as on account of fact that said notice was issued during pendency of..........
Indian Penal Code, 1860, Section 504, 506 -- Offence u/ss 504, 506 IPC - No credible evidence regarding offence u/ss 504, 506 IPC found - Allegations therefore, found false by I.O - FIR quashed...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case from one State to another - Surcharged atmosphere - Petitioners sought transfer of case from State of Punjab to any other State - Few instances mentioned by petitioners may suggest heightened feelings amongst different groups but they do not call for transfer of proceedings to another State - Moreover, it..........
Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Attempt to rape - Victim not identified accused - Mother of victim not supported prosecution theory and turned hostile - There are contradictory statements even on point of calling police - No injury mark was found on the body of victim - Doctor opined that..........
Indian Penal Code, 1860, Section 304, 316, 34 -- Medical negligence - Death by negligence - Accused are well qualified doctors - No material on record that death of daughter of complainant is direct result of rash and negligent act of accused and such act is proximate and efficient cause for death - Even, there is no material to show reckless state of mind qua accused with..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Defective investigation created vast gaps in prosecution story - There is lack of evidence as to extra marital relationship of accused with another woman and accused causing usual altercation with deceased - Prosecution failed to prove motive on the part of accused to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband was drunkard and abused and assaulted wife as per her testimony - He was not keen to look after his wife and child - Testimony of wife is credible - Divorce rightly granted to wife...........
Revenue entries -- Partition suit - Entries in revenue records do not amount to severance of status - It is for parties to establish by credible evidence that there was an equitable partition...........
