Indian Penal Code, 1860, Section 302, 365, 452, 34 -- Murder - Custodial death - Nature of offence - Conviction u/ss 302, 365, 452, 34 IPC - Manner of inflicting injuries and their description in post-mortem report does not contradict each other - Even, medical record establish link between head injury and ultimate death of deceased - Moreover, PW-34 has identified the..........
Indian Penal Code, 1860, Section 302, 365, 452, 34 -- Common intention - Murder - Custodial death - In the instant case, one of the accused was keeping watch outside to ensure that nobody came to rescue deceased - When one person is left outside for keeping watch, he is not doing that without any intention to participate in the activity undertaken by all of them -..........
Indian Penal Code, 1860, Section 149 -- Common object - Once the Court finds that ingredients of S.149 IPC are fulfilled, every person who at time of committing that offence was member of assembly has to held guilty of that offence...........
Indian Penal Code, 1860, Section 141, 149 -- Common object - Essential ingredients of S.141 must be established, before recording conviction u/s 149 IPC...........
Indian Penal Code, 1860, Section 149, 141, 302 -- Common object - Unlawful assembly - Whether members of unlawful assembly has common object to cause murder of deceased has to be decided by nature of weapons used by such members, manner and sequence of attack made by those members on deceased and circumstances under which occurrence took place - Therefore, inference is to..........
Indian Penal Code, 1860, Section 498A, 323 -- Cruelty - No tangible material either of a dowry demand or assault suffered by wife in any case, despite one episode in which an attempt was made to push wife in a canal that too not proved on record - Case of husband is not at all different from other co-accused who already acquitted - Conviction and sentence set aside -..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Allegation that accused gave three stone blows on chest of complainant and also gave teeth bite on the right arms of complainant - However, no recovery of stone was proved - Even otherwise, there is nothing on record which suggests that injury can be related with stone, so story of causing injury with stone not..........
Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20(2), Indian Penal Code, 1860, Section 420, 468, Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 60(3), 31(2) - - Double jeopardy - Forgery and tax evasion - Separate proceedings initiated against accused for evasion of tax under IPC and Act of 2005 - Maintainability - As..........
Indian Penal Code, 1860, Section 420, 471 -- Cheating - Forged mark sheet - Allegation that accused got the job on basis of forged mark sheet - Person who prepared the report regarding degree under question was forged, not examined - Case of prosecution is rendered doubtful - Benefit of doubt must be given to accused - Accused acquitted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen together - Last seen witnesses deposed that accused and deceased travelled together around midnight and all accused persons were carrying weapons and thereafter gunshot was heard by them - No evidence on record to prove false implication of accused - Medical..........
