Indian Penal Code, 1860, Section 409 -- Criminal breach of trust - Misappropriation of money - In the instant case, accused received money at S.B. counter as S.B. and ledger clerk and misappropriated same without crediting said amount to Government treasury - Even, he omitted to make necessary entries in logbook and S.B. ledger book of post office, which was his duty to..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354A, Information Technology Act, 2000, Section 67A -- Discharge - Offence u/s 354-A IPC and S.67-A of I.T Act - Posting of obscene message through social networking site in account of defacto complainant - Plea of alibi as claimed is a question of fact which may be agitated in the course of trial..........
Evidence Act, 1872, Section 11 -- Plea of alibi - Murder of wife by husband - PWs conjointly stated that accused was present at his house in the company of deceased - Contention of accused in relation to his presence at his work place not tenable - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 11 -- Murder - Plea of alibi - Prosecution proved its case from the circumstantial evidence on record and conduct of accused showing his motive to commit the murder of deceased - Post mortem report of deceased duly exhibited and proved even in the absence of Doctor having appeared in witness box - Plea of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Allegation against husband of deceased - Cause of death was asphyxia resulting of throttling and death was homicidal in nature - Deceased was residing with accused under same roof and her dead body with injuries on her neck was found in verandah adjacent to their bedroom - No explanation given by accused except plea of..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Appeal against conviction - Conviction upheld viz.: (i) deceased was last seen alive in the company of accused soon before murder; (ii) accused failed to explain as to how and in what circumstances he parted company with deceased before deceased was murdered; (iii) recovery of mobile phone of..........
Evidence Act, 1872, Section 11 -- Alibi - Means elsewhere' - Plea of alibi is not one of General Exceptions contained in Chapter IV of IPC - It is a rule of evidence recognized u/s 11 of Evidence Act - However, plea of alibi taken by defence is required to be proved only after prosecution has proved its case against accused...........
Indian Penal Code, 1860, Section 302, 324, Evidence Act, 1872, Section 11 -- Murder - Plea of alibi - Accused pleaded that on the date of incident he was discharging his duties in school and was not present at the place of incident when occurrence took place - However, three injured eye witnesses assigned specific role as to how accused assaulted deceased who suffered ante..........
Evidence Act, 1872, Section 11, Indian Penal Code, 1860, Section 302, 34 -- Murder - Plea of alibi - Deceased stated in his dying declaration that he was burnt at the instance of accused persons just about 10.30 am - However, whereabouts of accused `O' were not surely stated prior to 10.30 am - More so, location of accused `O' was not shown other than place of occurrence..........
Indian Penal Code, 1860, Section 302, 341, 34 -- Double murder case - Deceased subjected to severe beatings at the hands of accused which led to their death - Dead bodies of deceased were dragged by accused and after that lying in the house of one of accused - On hearing hue and cry, all the witnesses rushed to the place of incident and saw the incident - PWs proved..........
