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..........
Indian Penal Code, 1860, Section 364, 302, 201, Evidence Act, 1872, Section 24 -- Abduction and murder of mother by son - Extra judicial confession - PW10, before whom confessional statement was given by accused is Village Administrative Officer - PW10 was known person though PW10 did not know accused - As accused himself choose to appear and give confessional statement..........
Indian Penal Code, 1860, Section 364, 302, 201 -- Abduction and murder of mother by son - Circumstantial evidence - Deceased was lastly seen alive with accused - He himself admitted that he used to pester and get money from deceased for his wayward life - Various recoveries made on the basis of extra judicial confession of accused and blood stain found on all material..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Allegation that deceased died due to sterilization operation conducted by petitioners without availability of proper anesthesia - However, post mortem report of deceased shows that reproductive organs of deceased were noticed to be in an absolutely healthy condition - Procedure carried out on the lady was..........
Indian Penal Code, 1860, Section 376(2)(g) -- Rape - Evidence of victim coupled with medical evidence proved that accused committed rape upon her - Even concurrent findings of Courts below proved the charge of rape against accused - No interference warranted - Accused rightly convicted...........
Indian Penal Code, 1860, Section 323, 308, 34 -- Nature of offence - Solitary head injury given to injured by lathi blow indicates that no bony lesion or any internal damage was caused - How such injury could prove dangerous as per PW5/doctor - No reason was given by PW5 for the same - There is no repetition of blow by accused - There was no intention or any knowledge on..........
Indian Penal Code, 1860, Section 323, 34 -- Offence u/ss 323, 34 - Quantum of sentence - Incident occurred 39 years ago - Accused `M' is aged about 75 years and accused `R' is aged about 60 years - Accused remained in jail for more than 10 days after conviction and also few days during trial - Sentence already undergone by accused meet ends of justice...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder of wife by husband - Dying declaration - In the instant case, deceased was murdered by pouring kerosene oil and setting fire due to which deceased sustained 80% burn injuries - Statement of deceased recorded on presence of SDM not reliable as it suffers from incongruities and inconsistencies -..........
Criminal Procedure Code, 1973, Section 202, Indian Penal Code, 1860, Section 420, 468, 471, 120B -- Summoning of accused - Offence u/ss 420, 468, 471, 120-B IPC - Magistrate summoned accused after required satisfaction that there is sufficient ground to proceed against accused - High Court went into wrong in interfering with summoning order and quashing the same - Impugned..........
