Prevention of Corruption Act, 1988, Section 13(1)(b), 13(1)(d), 13(2), Madhya Pradesh Special Police Establishment Act, 1947, Section 3, Indian Penal Code, 1860, Section 420, 120B, 34 -- Corruption and bribery case against Central Government employees - Police has jurisdiction to investigate and conduct trial for offences under Prevention of Corruption Act - Therefore,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364, 364A, 368, 302, 147, 148, 342, 324, 201, 120B -- Bail - Kidnapping and murder - Case of both the accused not distinguishable from co-accused, who is already enlarged on bail - Both the accused are not named in the FIR and no incriminating material is recovered from them - Inconsistencies were..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 120B -- Direct evidence of conspiracy - It is rarely available and the same has to be gathered from the circumstances...........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3 -- Murder of wife and three children by consuming poison - Circumstantial evidence - Recovery to 2 bottles from the shop of accused does not inspire confidence as independent witness has not supported such recovery and has stated that no such recovery was made in his presence and that his signatures..........
Indian Penal Code, 1860, Section 302, 306, 120B -- Nature of offence - Murder of wife and there children by consuming poison - Illicit relationship of accused with 2 woman - There is a possibility that deceased being annoyed with accused with regard to accused illicit relationship and took extreme step of committing suicide and before doing so gave poison to her children -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 467, 468, 471, 506(2), 120B -- Quashing of FIR - Offence u/ss 384, 467, 468, 471, 506(2), 120-B IPC - Compromise - Allegations in FIR not only involve a private dispute over a land transaction between two contesting parties, but also involves allegations of extortion, forgery and conspiracy..........
Indian Penal Code, 1860, Section 307, 120B, Arms Act, 1959, Section 25, 54, 59 -- Quantum of sentence - Attempt to murder - Gunshot injury at dorsal spine - Appreciation of evidence - Accused shot victim at her back after she refused to marry him - In the opinion of doctor, victim had no chance of recovery and her condition is worse than a dead person and she was dying..........
Indian Penal Code, 1860, Section 307, 120B, Arms Act, 1959, Section 25, 54, 59 -- Attempt to murder - Testimony of witnesses - Reliability - Victim was shot at her back after she refused to marry accused - Arrest memo shows that accused was arrested on day of incident proved by Sub-inspector - Testimony of victim corroborated by testimony of independent and eye-witness to..........
Indian Penal Code, 1860, Section 302, 201, 34, 120B -- Murder of wife by husband - Common intention - A1 to A3 with common intention committed crime, which is proved by prosecution - Mere fact that evidence u/s 120-B IPC is not proved does not in any manner effect charge u/ss 302 r/w 34 IPC - Thus, conviction of A1 to A3 u/s 302 r/w 34 IPC cannot be faulted...........
Indian Penal Code, 1860, Section 302, 201, 34, 120B -- Murder of wife by husband with help of his friends - Circumstantial evidence - Defence story set up by A1 that he gave lift to three unknown persons in car who robbed them and committed murder of his wife which is not probable, as priest of both families stated that A1 was in company of A2 and A3 before occurrence -..........
