Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 304A -- Sanction for prosecution - Medical negligence - Prosecution of Government doctor cannot be allowed without procuring prior sanction u/s 197 Cr.P.C - In the absence of prosecution sanction, allowing proceedings to continue against petitioners for offence u/s 304-A IPC would be nothing short..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty to wife - Quashing of FIR - Petitioners are Jethani and Nanad of complainant - Complainant has given role to each of the petitioner when she was beaten up - No MLR nor any photographs showing injuries - There is tendency for roping all the relations in dowry case - Proceedings..........
Indian Penal Code, 1860, Section 302, 394, 34, Evidence Act, 1872, Section 3 -- Murder and robbery - Circumstantial evidence - As per prosecution, accused persons committed murder of deceased and looted his motorcycle - However, no eye-witness as to occurrence of incidence - Even, there is no evidence against accused as to involvement in crime - Recovery of broken pieces..........
Indian Penal Code, 1860, Section 302 -- Double murder case - Making of ransom calls after person abducted is put to death is a common feature in cases - Said fact cannot go to benefit of accused...........
Evidence Act, 1872, Section 8, Indian Penal Code, 1860, Section 302 -- Motive - Double murder case - Accused committed murder of two minor children, as he entertained a strong grudge against family because of bequeathing of property in favour of grandmother of deceased - Motive of crime therefore, appears to be proved and established against accused on testimony of PW1 who..........
Indian Penal Code, 1860, Section 302 -- Double murder case - Recovery of SIM card - SIM card was recovered from one of rooms of house of accused with regard to which he failed to offer any satisfactory explanation - Proof of calls from a Mobile number of accused established on basis of oral evidence - Mobile number written on the SIM card was used for demanding ransom and..........
Indian Penal Code, 1860, Section 302 -- Double murder case - Recovery of dead bodies - Dead bodies of deceased were recovered from 3 feet under the earth from compound of house of accused - No explanation forthcoming in statement of accused u/s 313 Cr.P.C. - Finding of High Court with regard to torture of accused leading to his consequential statement resulting in recovery..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witnesses - Narration of sequential events with great clarity by eye witness PW1, without any inconsistency with other witnesses proved that it was the accused who committed the crime - Eye witness also identified accused in TIP - More so, evidence of PW1 is corroborated by other eye witness and panch..........
Indian Penal Code, 1860, Section 201 -- Causing disappearance of evidence - Charge u/s 201 IPC can be independently laid and conviction maintained, in case prosecution is able to establish that an offence had been committed, the person charged with the offence had the knowledge or the reason to believe that the offence had been committed, the said person has caused..........
Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - Deceased committed suicide by hanging - Last rites of deceased performed in presence of her family members - High Court is not justified in maintaining conviction of accused u/s 201 IPC only on ground that no communication was given to police and that post-mortem had not been performed, particularly, when family..........
