Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 307, 120B, Explosive Substances Act, 1908, Section 3, 4 -- Application for removal of name of accused from charge sheet - Beant Singh Murder case - Merely because period of 22 years elapsed after the incident and accused succeeded in avoiding his arrest for a considerable long period, is no..........
Indian Penal Code, 1860, Section 394, 302, 343, 210, 218, 120B -- Robbery and murder - Delay of 1 year and 4 months in reporting incident by PW6 to I.O - Evidence on record shows that PW6 was spared by A-1 to A-3 only on assurance that he will not reveal about incident to anybody - It was only after CBI took up the investigation and PW6 mustered strength to approach I.O..........
Indian Penal Code, 1860, Section 394, 302, 343, 210, 218, 120B -- Robbery and murder - Cause of death is asphyxia - A-1 to A-3 caused injury to deceased and thereafter dragged and dumped him into bushes besides the road - Evidence on record shows that A-1 to A-3 tried to cover up their crime by filing closure report that death of deceased was due to accident - Medical..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Deceased died due to head injury which is not attributable to any of accused - Doctor opined that there is no injury to deceased by sharp edged weapon on head or any part of body of deceased - Moreover, there is no evidence on record to show, who caused injury on head of deceased - Even otherwise, there is no specific..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of order framing charges - Offence u/ss 420, 467, 468, 471, 120-B IPC - Role of petitioner is not described in basic Istagasa (Complaint) - Petitioner was an Advocate and merely identified the documents in question - Even complainant himself has not alleged..........
Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 302 -- Compensation - Defective investigation - Murder case - Accused suffered agony of facing criminal prosecution for a period of 20 years for committing the murder of a man who was later on found alive - I.O after knowing the said fact investigated the case from 1996 to 2006 and has shown utter..........
Criminal Procedure Code, 1973, Section 156, 190, Indian Penal Code, 1860, Section 498A, 406, 354, 506, 34 -- Application u/s 156(3) Cr.P.C. for offence u/s 498-A, 406, 354, 506, 34 IPC - Magistrate taking cognizance and adjourning case for pre-summoning evidence instead of issuing direction to police to register FIR - Ground for such order as : (a) Allegation of cruelty..........
Criminal Procedure Code, 1973, Section 41A, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, 34 -- Mere allegation of S.467 IPC in the FIR or the complaint, in the absence of original documents claimed to be forged, does not debar police to apply S.41-A of the Code...........
Indian Penal Code, 1860, Section 376(2), 384, 354A, 354C, 341, 323 -- Rape of married woman - Prosecutrix limited her allegations against accused to extent of outraging her modesty - Allegation set out in clarification affidavit of prosecutrix was nothing but after thought - Prosecutrix knowingly and deliberately tried to improve her version step by step and tried to..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Main allegation of threat, harassment and wreaking vengeance upon deceased which finally drove him to commit suicide attributed to his wife/accused - Deceased left suicide note before ending his life in which he clearly narrated details of offensive, cruel and vengeance acts of accused, which instigated him..........
