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...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased died unnatural death within 2 years of her marriage in her i, laws place - There is ample evidence that deceased was subjected to cruelty soon before her death in connection with demand of dowry - Statements of material witnesses corroborated prosecution version - Offence u/ss 304-B, 498-A IPC..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Reduction of sentence - Deceased left behind innocent dependent her daughter - Sentence requires modification - Sentence of accused reduced from life imprisonment u/s 304-B IPC to 10 years R.I with fine of Rs.10,000 and in default of payment of fine to further undergo imprisonment of 6 months - However,..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 7, 13(1)(D), 13(2), Indian Penal Code, 1860, Section 120B -- Sanction for prosecution - While taking bribe money it cannot be said that accused was purporting to act in the discharge of his official duty - S.197 Cr.P.C. not at all attracted - Moreover when offence of criminal conspiracy..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 4 -- Bail - Offence u/s 304(Part I)PC and Ss.3, 4 of SC/ST Act - FIR registered on 12.01.2016 of occurrence 10.01.2016, at the instance of son of deceased, who claimed himself to be eye witness to..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Fight between parties took place all of a sudden and deceased had sustained only single injury on the head - Eye witnesses stated names of accused as assailants - Both the accused were present on the spot and they assaulted injured witnesses - FIR lodged immediately after the occurrence which..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Reduction of sentence - Both the accused facing lis from the last 16 years and now they are aged about 44 years and 38 years respectively - They have no known criminal antecedent - It would be thus, in the interest of justice to reduce the sentence of accused to the period already undergone -..........
Indian Penal Code, 1860, Section 302, 201, 511, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Penile injury - There is no associated injuries over any part of body either in front portion or in the back portion - Contention that penile injury is possible on account of a fall rejected - Penile injury therefore, caused is not an injury sustained but..........
Indian Penal Code, 1860, Section 302, 201, 511, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Penile injury - A-1 is the beneficiary under Will executed by deceased in his favour - He is therefore the most interested person to cause death of deceased - Moreover, deceased was under the care and custody of A-1 - It is within the personal knowledge of..........
