Indian Penal Code, 1860, Section 149, 323, 302 -- Murder - Circumstantial evidence - As per statements of prosecution witness it is apparent that accused were not initially named as accused/appellants when statement on the basis of which FIR was registered, was recorded - Even, at the stage of making supplementary statement, PW1 did not name these two accused - Moreover,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 408, 420 -- Quashing of FIR - Offence u/s 408, 420 IPC - Compromise arrived at between parties - Compromise is genuine and there was no undue influence or coercion from any side - FIR along with all consequential proceedings quashed qua petitioner only...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 326, 324, 323, 34 -- Anticipatory bail - Offence u/ss 326, 324, 323, 34 IPC - It is a case of version and cross version and it is to be determined by trial Court on basis of evidence as to who is aggressor party - No useful purpose will be served by sending the petitioner to custody - Bail..........
Indian Penal Code, 1860, Section 302, 328, 201, 34 -- Double murder - Circumstantial evidence - Conduct of PW7, who is key witness of prosecution is unnatural and unbelievable and her testimony cannot be accepted - Contradictions and improvements found in evidence of PWs - Prosecution story inextricably mixed up with falsehood that separation of truth from falsehood is not..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Appeal against conviction - As per evidence on record there is material contradictions in the evidence of witnesses and they do not seem to be reliable - Even, PW6 eye-witness gave contradictory version with regard to occurrence - Neither..........
Indian Penal Code, 1860, Section 448, 341, 380, 34 -- Trespass and theft - Specific allegations levelled in FIR that petitioners trespassed into portioned premises under occupation of complainant in her absence and stole goods lying there - Merely because petitioners claim that they were in possession of some portion of same premises would not mean that they were in..........
Indian Penal Code, 1860, Section 476 -- Offence u/s 476 IPC - Four number plates of different registration number recovered along with contraband - However, there is nothing on record to prove that those recovered number plates were verified by authorities concerned nor there is any evidence that those number plates were being used by accused - Offence u/s 476 IPC not made..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased suffered brutal homicidal death at matrimonial home within 10 days of being brought back on assurance that accused/husband would not subject her to further torture over demands of dowry - Accused was present with deceased at the time of occurrence and has failed to give any explanation as to..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased suffered homicidal death within 3 years of her marriage - She was subjected to persistent torture over demands of gold ornaments and was driven out of matrimonial home over such demands while she was pregnant - Injuries found on the body of deceased, which shows that she was subjected to brutal..........
Indian Penal Code, 1860, Section 302, 201, 120B, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Examination of evidence and materials on record shows that circumstantial evidence surrounding commission of offence clearly connects accused persons with offence - Even, evidence of child witness is corroborated on material particulars - Moreover, last seen..........
