Indian Penal Code, 1860, Section 449, 302, 506 Part II -- Conviction - Appeal against - Evidence of P.W.2 indicates the presence of accused and deceased sustaining injury due to piercing of arrow - Evidence of PW1 pointing out accused shot the arrow which pierced into the chest of the deceased - Evidence of PW1 corroborated by PW2 and PW3 - Order of conviction confirmed...........
Criminal Procedure Code, 1973, Section 378(3) -- Acquittal - Leave to appeal - Refusal - High Court must give reasons, may be in brief while refusing to grant leave - Reasons when given indicate application of mind - Order refusing leave without reasons set aside...........
Criminal Procedure Code, 1973, Section 389, 437, 439, Indian Penal Code, 1860, Section 326 -- Conviction u/s 326 IPC - Appeal against - Bail during pendency of appeal - Accused in jail for about one year - No likelihood of appeal being heard in the near future - Accused released on bail...........
Indian Penal Code, 1860, Section 302 -- Conviction of two out of eight accused - Conviction of those two accused set aside by High Court on a view that evidence of eye witnesses did not appear to be reliable in as much as two of the accused against whom overt acts were alleged were not even named in FIR and High Court did not rely on sole eye witness-informant when other..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If on the same evidence two views are reasonably possible & Court takes a view in favour of accused, Appellate Court will not set aside the order of acquittal unless it finds the findings to be perverse, highly unreasonable, based on no evidence on record or made in ignorance of relevant evidence on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Conviction - Set aside by High Court on a view that report of Forensic Science Laboratory and Botanical examination report disclosed that substance found was poppy capsule and said description did not identify substance found to be opium poppy - Respondents not traceable - Appeal dismissed as not pressed...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court in its order held that having regard to evidence on record, no case for interference is made out and declined leave to appeal and dismissed the appeal - High Court should have considered on merit the appeal against acquittal - Impugned order set aside and matter remitted to High Court to..........
Indian Penal Code, 1860, Section 498A, 304B -- Conviction set aside by High Court - State appeal - No evidence to connect accused with offence under section 498-A - No evidence to suggest that soon before occurrence deceased was subjected to torture and harassment - Medical evidence also ambiguous - No interference in order of acquittal...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 63, 97, 98, 101, 103 -- Independent suit after dismissal of objections - Not maintainable after 1976 amendment - Decisions of objections filed by any party, which includes third party, amounts to a decree as contemplated under Rules 101 & 103 - Remedy is only appeal and not an independent suit - Order passed under..........
Criminal Procedure Code, 1973, Section 340, 341 -- Forgery of a document - Rejection of application u/s 340 Cr.P.C. - Appeal lies against such an order...........
