Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder of wife by husband - Fire arm injury - Circumstantial evidence - Accused initially stated in FIR that three intruders entered his house in order to abduct him and they shot dead his wife - However, he has not mentioned any reason or named any on suspicion of enmity or otherwise why intruders wished..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C can be exercised by Court against a person not named in FIR or no charge sheet is filed by police against him...........
Indian Penal Code, 1860, Section 458, 323, 34 -- Offence u/s 458, 323, 34 IPC - Appeal against acquittal - Accused rightly acquitted on following grounds: (i) Inordinate delay in lodging FIR; (ii) significant contradiction in statements of witnesses; (iii) PW6 did not name any person as an accused in her police statement; (iv) out of six named accused in FIR, only two were..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Private respondents was found to be innocent in course of investigation - Merely because respondents had been named in FIR, which is reiterated by complainant in deposition before Court, would not be sufficient to summon them to face trial as additional accused u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 498A, 304B, 34 -- Bail - Offence u/ss 302, 498-A, 304-B, 34 IPC - Deceased died because of hanging after more than 5 years of marriage - Postmortem report nowhere indicates any injury on her person, which is sufficient to establish that she died because of hanging - Even, attached medical..........
Service -- Termination - Suppression of material facts - In appointment application form question was asked from candidate `have you ever been convicted for any criminal offence involving moral turpitude' - Petitioner answered `No' - On verification it was found that petitioner was named in FIR and in which cancellation report had been filed by police - Petitioner..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Role ascribed to appellant in the FIR is that he came to the spot with a country made revolver - No evidence on record that appellant fired upon deceased - High Court summoned the appellant merely on the ground that power u/s 319 Cr.P.C is available even if person is not named in FIR or charge..........
Indian Penal Code, 1860, Section 363, 366A, 376(2), 307, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping, rape and attempt to murder of 3-1/2 years old minor girl - Accused was not named in FIR, as he was not known to victim or complainant - Nobody seen accused committing crime, nor he could be got identified from victim being of tender..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail on condition to pay Rs.70 lakhs - Death of 7 pilgrims and 10 injured in festival - Accident took place on suffocation due to congestion and rush - Petitioner was not even named in FIR - From averments of FIR, it does not appear that petitioner was responsible for death - Even otherwise, it does not appear..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 148, 149, 323, 328, 452, 506 -- Anticipatory bail - Offence u/ss 148, 149, 323, 328, 452, 506 IPC - FIR does not specifically show that it is petitioner, who had caused grievous injury, although he is specifically named in FIR - Fit case for grant of anticipatory bail - Bail granted...........
