Penal Code, 1860, Section 148,458,149,395,302,149 -- Murder - Circumstantial evidence - Appreciation of evidence - Testimony of PW-5 held totally false - The moment this important link of the prosecution story falls on the ground, then the only inference is that the appellants did not hire the services of 'H - and 'B - for the elimination of deceased - Misguided suspicion..........
Evidence Act, 1872, Section 32 -- Dying declaration - Ample opportunity for others to influence the mind of the deceased and statement made contrary to facts available on record - Conviction cannot be recorded on such dying declaration alone...........
Indian Penal Code, 1860, Section 148, 149, 304 Part II, 325 -- Appeal against conviction - Injuries by blunt object - Most of injuries simple - No grievous injury on vital part - Grievous injury only on legs or forearms - Death after 7 days - Conviction u/s 304 Part II not justified - PWs.2, 3 and 14 turning hostile - PWs 6 and 7 not present on spot but made as..........
Indian Penal Code, 1860, Section 302, 34, 201, 34 -- Conviction on the basis of last seen together - Giving false explanation of whereabouts of deceased - Having knowledge of dead body of deceased - Recovery at his instance - Co-accused acquitted - Can be convicted u/s 302 and for no other offence - Appeal partly allowed...........
Indian Penal Code, 1860, Section 147, 148, 149, 302, 307, 324, 328, 452, 34 -- Murder of three and injuries to other members of same family by mob of 60 - Conviction of 13 and acquittal of 47 - Appellant acquitted by trial Court but convicted by High Court - Appellant was seen prominently in the mob trespassing into house of Mohan - He and others challenged the deceased..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55, 20(b)(ii), 22 -- Recovery of charas - Sample - In absence of positive evidence that sample was taken from the same packet which was seized from possession of accused his conviction cannot be sustained...........
Prevention of Food Adulteration Act, 1954, Section 2, 7, 16 -- For the purpose of conviction the essential ingredient is sale of the adulterated article to the purchaser by the vendor - Not material to establish the capacity of the person vis-a-vis the owner of the shop to prove his authority to sell the adulterated food exposed for sale - Proviso to S.2(ia)(m) is..........
Indian Penal Code, 1860, Section 498A -- Dowry death - None examined from village of deceased - Grand mother-in-law admitting some bickering between accused and deceased - Uncle of deceased stating that relations between deceased and accused were cordial - PWs. 12, 14, 15 & 16 turning hostile - Mother of deceased altogether denied prosecution story - Testimony of PW 5 of..........
Criminal trial -- Circumstantial evidence - Dead body recovered from place other than the place indicated by accused in disclosure statement - Conviction set aside. (Indian Penal Code, 1860, S.302)..........
Indian Penal Code, 1860, Section 302, 34 -- Appellant No.2 mother of deceased, poured kerosene and appellant No.1 step father set deceased on fire - PW4 younger sister of deceased, a child witness was eye witness to incident - PW3 police patil recorded statement of deceased wherein she stated that A1 poured kerosene on her and A2 set her on fire - Order of conviction..........
