Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - No evidence on record that accused and deceased were last seen together - There is also no evidence what happened after deceased went to room and had gone to sleep - Prosecution failed to prove guilt and complete chain of events which may lead to only conclusion that accused alone committed murder..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Compromise - Cruelty - Dowry demand - Matrimonial dispute between husband and wife should be quashed when parties have resolved their entire dispute amongst themselves through compromise - Even, conviction of accused..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Bonded Labour System (Abolition) Act, 1976, Section 16, 17 -- Conviction by High Court - For attracting the provision of S. 16 of the Act, the prosecution must establish that an accused has forced and compelled the victim to render bonded labour and that the accused has advanced a..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction solely on the basis of recovery of tangi - However, there was no forensic matching of blood stains found on tangi with blood of deceased - No witness pre or post occurrence indicating presence of accused at the place of occurrence at the time of incident - There are no other incriminating circumstances beyond..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Reduction of sentence - Incident occurred in 1998 and appeal against conviction is pending since 1999 - In the interest of justice, sentence awarded to accused reduced to minimum sentence of 7 years as prescribed u/s 304-B IPC with fine and default stipulation as awarded by Court below...........
Indian Penal Code, 1860, Section 302, 392, 323, 148, 149 -- Murder, robbery, rioting, voluntarily causing hurt, unlawful assembly - From the deposition of eye witnesses, nothing forthcoming that appellants caused any injury on the deceased and/or participated in any manner in commission of the offence - No evidence that appellants instigated other co-accused - Conviction..........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Where it is not established that accused dishonestly received stolen property with knowledge and belief that goods found in his possession were stolen, conviction of accused u/s 411 IPC cannot be sustained...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Contraband - Search and seizure - The moment a doubt is cast upon most fundamental aspect, namely the search and seizure, appellant is entitled to the same benefit as given to co-accused - Conviction of appellant set aside...........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Fire arm injury - Death of deceased by fire arm injury is not disputed and is proved by post mortem report - Place of occurrence was outside the residence of deceased - Disappearance of empty cartridges from the spot is explained as a number of villagers had gathered on the spot and had access to place of occurrence -..........
Indian Penal Code, 1860, Section 201, 380, 435, 457, 477, 120B -- Offence u/ss 201, 380, 435, 457, 477, 120-B IPC - Conviction - The prosecution has failed to produce any evidence about a prior meeting of minds between the Appellant in relation to conspiracy - Therefore, in the absence of such an agreement, even by inference through circumstantial evidence, the Appellant..........
