Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Magistrate - Murder - Body of deceased was found at 5:30 am and FIR is alleged to have been registered soon thereafter - Report and FIR were presented to Magistrate at 3:30 pm - Explanation that delay occurred because of transfer of Magistrate as per constable, who had brought the FIR to Court - However,..........
Indian Penal Code, 1860, Section 279, 304A, 427 -- Rash and negligent driving - Testimony of eye witness/PW5 - PW5 neither identified truck which is alleged to have hit deceased nor identified petitioner as driver of said truck - Evidence of PW5 cannot be taken as sufficient to connect petitioner to be driver of offending vehicle - I.O. has not been examined as a witness -..........
Service -- Recruitment - Irregularity in selection process - When a thorough inquiry uncovers systemic irregularities like fraud or malice that compromise the integrity of a selection process, the outcome should be fully cancelled; however,if possible, efforts should be made to separate tainted from untainted candidates - The decision to cancel the selection must stem..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Prosecution has failed to prove any sort of cruelty by appellant to meet any unlawful demand as given in S.498-A IPC - Neither evidence of prosecution witnesses in the course of trial indicate any sort of cruelty - Prosecution failed to prove its case beyond reasonable doubt against appellant - Conviction and sentence set..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Allegation that A-1 being tax Inspector demanded Rs.2500 as bribe to process application for transfer of ownership in the name of daughter of complainant - Admittedly, it is within the knowledge of complainant that A-1 was not competent to issue mutation..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Accused `M' is Class IV employee in Court of CJM - Amount was recovered underneath an almirah in the office of CJM - Not an iota of evidence has been brought on record to presume that accused `M' was knowing the fact of alleged demand of bribe even if it is..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Unlawful assembly - Evidence of injured eyewitness shows that appellants were part of unlawful assembly which committed murder and also caused injury to him - Though he was extensively cross examined, his testimony in this regard could not be shaken - Prosecution proved guilt of accused beyond reasonable..........
Indian Penal Code, 1860, Section 304A, 337, 338 -- Rash and negligent driving - Petitioner drove the van rashly and negligently and caused death of deceased and grievous and simple injuries to witnesses - There are no material irregularities in conducting trial - Prosecution proved its case beyond reasonable doubt - Conviction upheld...........
Prevention of Corruption Act, 1988, Section 13(i)(d), 13(2), 7 -- Illegal gratification - Demand and acceptance - Officers of the trap team spoke about handing over of money by complainant to A-1 who handed over half to A-2 which amounts were said to have been put by both the accused in their trouser pockets - PW8 who led the trap team merely spoke of a recovery of bribe..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Testimony of PWs 2 to 4 coupled with testimony of PW7 proved the offence committed by accused beyond all doubt - There is no material on record to discard the trustworthiness of PWs and there is no material to disbelieve the contents of documents on record - Rash and negligence on the part of petitioner..........
