Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(D), 376(2)(n), 376, 292, 120B, 506, Information Technology Act, 2000, Section 67A -- Bail during pendency of appeal - Offence u/ss 376(D), 376(2)(n), 376, 292, 120-B, 506 IPC and S.67-A of I.T Act - Statement of victim reveals a promiscuous relationship and sexual encounters with all the three..........
Prevention of Corruption Act, 1988, Section 13, Indian Penal Code, 1860, Section 109 -- Offence u/s 13 of P.C. Act against public servant and u/s 109 IPC against non public servant - All accused discharged - During pendency of revision, main accused died - Revision dismissed by holding that death of main accused has resulted in abatement of trial - Held, death of main..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Correction in date and time of FIR and recovery of mahazar - Not explained by prosecution though admitted - Doubt created with respect to FIR and recovery of Mahazar - Case as projected by prosecution cannot be accepted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Medical evidence - Inquest report of deceased shows that deceased was dead on the way to hospital `P'- However, PWs stated that dead body of deceased was taken from hospital `P' to other hospital `V', which is contrary to prosecution case - Neither doctor of hospital `P' was examined nor Accident Register marked - Though..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Various infirmities were found in evidence of prosecution - Place of occurrence not established to the satisfaction of Court - Merely because PWs 1 and 2 are stated to be eye witnesses coupled with recovery, it cannot be stated that prosecution proved its case beyond reasonable doubt - Benefit of doubt..........
Indian Penal Code, 1860, Section 306, 34 -- Offence u/s 306, 34 IPC - Framing of charges - There is no material whatsoever apart from mere conjectures so as to conclude with any degree of certainty that deceased was instigated or abetted by accused to end his own life - Dead body upon being subjected to postmortem did not reveal any marks of violence whatsoever - Even..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 174A -- Quashing of FIR - Petitioner was declared proclaimed offender, thus FIR u/s 174-A IPC was registered - Petitioner could not appear as notice was not served at the address where he was residing - That after passing of order declaring him as proclaimed offender, petitioner has surrendered..........
Indian Penal Code, 1860, Section 302 -- Murder - Direct evidence - Recovery of weapon of offence and clothes of accused - Blood stain knives recovered at the instance of accused and same were sent to FSL - Report of FSL suggests that human blood found on one of knives having blood group `A', which was blood group of deceased - Clothes worn by accused also sent to FSL and..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Direct evidence - Eye witnesses to the incident stated that both the accused had jointly gone to the house of deceased and had called him out and had taken him away - Immediately thereafter incident took place in course of which both A-1 and A-2 had attacked the deceased with knives - Ingredients of..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 452, 323, 504, 506 -- Summoning of additional accused - Offence u/ss 452, 323, 504, 506 IPC - No allegations on record against proposed accused except that they also have said to entered the house of complainant but not armed with any weapon - Even complainant has not made any whisper that any..........
