Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Sufficient evidence on record to prove that accused assaulted simple injuries to injured witnesses by sharp object i.e knife - Evidence of these injured witnesses has strong evidentiary value to establish their presence on the spot - No inconsistency in between ocular evidence and medical evidence - Testimony of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - In order to convict a person u/s 306 IPC, there has to be clear mens rea to commit the offence - It also requires an active act or direct act, which led deceased to commit suicide seeing no option and act must have been intended to push deceased into such a position that he/she committed suicide...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 227 -- Abetment of suicide - Discharge - Deceased borrowed money and gave money to accused - Accused failed to repay the same - Deceased repeatedly asked to repay the same, but when amount was not repaid by accused, deceased committed suicide after killing his wife and daughter - No evidence on..........
Indian Penal Code, 1860, Section 392, 394, 302 -- Robbery and murder - A-2 roped into crime only on the basis of mobile conversation with deceased - Mentioned Sim was in possession of A-2 as a result of which he was apprehended - However, said Sim number did not stand in the name of A-2 - Prosecution failed to establish that A-2 had conversation with deceased or A-1 beyond..........
Indian Penal Code, 1860, Section 392, 394, 302 -- Robbery and murder - Recovery of gold articles - Gold items were said to be pledged by A-1 to the jewellery shop of PW17 - PW17 stated that A-1 and A-3 had come to his jewellery shop for pledging gold articles - However, prosecution failed to prove that A-3 accompanied A-1 - Prosecution proved that A-1 committed murder of..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 477A, 120B -- Framing of charges - Offence u/ss 13(2), 13(1)(d) of P.C. Act and Ss.420, 477-A, 120-B IPC - There is no prima facie case for commission of offences alleged against petitioner - I.O failed to collect any clinching materials to proceed against petitioners and..........
Indian Penal Code, 1860, Section 218, 222, Evidence Act, 1872, Section 106 -- Offence u/ss 218, 222 IPC - Burden of proof - Accused being a police constable himself allowed under trial to escape from custody - Incident happened in a broad daylight in crowded Court compound, but none of PW has seen such incident, nor did anyone hear about it - However, accused developed a..........
Indian Penal Code, 1860, Section 325, 323, 34 -- Offence u/ss 325, 323, 34 IPC - Accused along with co-accused appeared on scene and they started beating informant and on alarm being raised, several persons arrived at the spot, whereupon they secured their escape good after threatening informant side - Co-accused died during pendency of appeal - Accused `K' was juvenile in..........
Indian Penal Code, 1860, Section 302, 392, 460 -- Robbery and murder - Circumstantial evidence - Recovery of articles at the instance of accused stands fortified by deposition of witnesses of recovery - Even, FSL report shows that blood-stains on weapon is blood group of deceased - Chain of circumstances stands established on basis of cogent evidence on record -..........
Indian Penal Code, 1860, Section 302, 392, 460 -- Robbery and murder - Broken lock not seized and no attempt made to ascertain whether keys recovered were that of broken lock or not - Said infirmity not fatal to prosecution case when conclusion arrived regarding guilt of accused on basis of circumstances established by unimpeachable evidence...........
