Indian Penal Code, 1860, Section 302, 34 -- Appreciation of evidence - Prosecution alleged that there was a conspiracy between the accused amongst themselves to commit the crime - Conspiracy not mentioned in FIR - Not based on his personal knowledge - Fact that two witnesses remained admitted in hospital for a number of days not mentioned - DW received injury in the same..........
Criminal Procedure Code, 1973, Section 156(2), 200 -- Scope of application under Section 156(3) Cr.P.C. and that of complaint are different...........
Criminal Procedure Code, 1973, Section 482, 353, 362 -- Multiple sentences - Obligatory on the part of Court to specify as to whether sentences should run concurrent or consecutive - Conviction in eleven cases and accused in each case sentenced to one year imprisonment and fine of Rs.1,000/- imposed - All sentences ordered to run concurrently inspite of a bar to alter the..........
Indian Penal Code, 1860, Section 201 -- Ingredients of offence under Section 201 are (i) that an offence has been committed; (ii) that the accused knew or had reason to believe the commission of such an offence; (iii) that with such knowledge or belief he - (a) caused any evidence of the commission of that offence to disappear, or (b) gave any information relating to that..........
Indian Penal Code, 1860, Section 201 -- Husband and wife sleeping in the same room but his sister sleeping in a separate room - Dead body of wife found in the kitchen - Sister acquitted under section 302 IPC - No evidence that sister had knowledge of the dead body - Conviction under section 201 set aside...........
Indian Penal Code, 1860, Section 302, 304 Part II -- Accused objected to parking of a scooter by the deceased at a particular place which resulted in an altercation and a scuffle - Accused took out his gun and fired resulting in the death of deceased - No previous enmity between the two - Act done in the heat of moment- High Court convicted under section 304 Part I - Held..........
Indian Penal Code, 1860, Section 300 -- Exception I - Accused fired a gun shot which hit one PW and second shot hit the deceased who collapsed - Accused was Personal Security Officer and he did not tell his master that gun went off accidentally - Held, that accused was the assailant and section 300 Exception I is not applicable...........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - Tribunals - Established under the Motor Vehicles Act, the Karnataka Private Educational (Discipline and Control) Act, 1975 and Railway Claims Tribunal Act are not courts subordinate to High Court for purpose of Section 115 of the Code...........
Indian Penal Code, 1860, Section 302, 304 -- Only one injury caused by a stick on a dark night when visibility was poor but the victim and accused knew each other - One could not move about without torch - Doctor opined that the injury was possible with one blow - High Court convicted under section 302 IPC - Held, due to darkness it could not be said with certainty the..........
Criminal trial -- Witness - Evidence of witnesses cannot be discarded merely because their statements were recorded under Section 164 Cr.P.C. - All that is required as a matter of caution is a careful analysis of the evidence...........
