Indian Penal Code, 1860, Section 302, 392 -- Murder and robbery - Last seen theory - Accused implicated because looted vehicle found in his possession which was intercepted and seized by constable `J' - Witnesses stated that at time of preparation of seizure memo, no independent witness was present and therefore, they could not be associated with such recoveries - `R' who..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused armed with deadly weapon chased deceased and assaulted twice on his head - Testimony of all four eye witnesses who also are injured eye witnesses is reliable and injuries on their person are proved on record - Merely because they are interested witnesses their testimony cannot be discarded - There is nothing on..........
Indian Penal Code, 1860, Section 406, 506, Criminal Procedure Code, 1973, Section 482 -- Misappropriation of stridhan - Quashing of summoning order - Applicants are parents-i, law of complainant - Complainant in her statement made different allegation than allegations made in complaint - There is no allegation against mother-i, law of complainant - Even complainant has not..........
Criminal Procedure Code, 1973, Section 320(4)(b), Indian Penal Code, 1860, Section 323, 324, 325 -- Compounding of offence - Death of grievously injured witness - Complainant and his three injured brothers have entered into compromise on behalf of deceased - Offences u/ss 323, 325 IPC are compoundable, thus complainant and his three brothers entitled to get benefit of..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324 -- Compounding of offence - Offence u/s 324 IPC - Non-compoundable by virtue of Amendment Act of 2005 - Amendment not applicable to offence committed in 1998 - Accused acquitted in view of S.320(8) Cr.P.C...........
Indian Penal Code, 1860, Section 447 -- Criminal trespass - To constitute offence of criminal trespass there must be peaceful and lawful possession - Both complainant and accused are in possession of certain contagious portion of big chunk of land, but not in peaceful possession of the same - Offence u/s 447 IPC not made out against accused - Accused rightly acquitted...........
Criminal Procedure Code, 1973, Section 193, Indian Penal Code, 1860, Section 341, 323, 325, 307, 452, 149, 147 -- Cognizance of offence - Offence u/ss 341, 323, 325, 307, 452, 149, 147 IPC - Sessions Judge not heard petitioners before summoning accused, which is prejudicial to them - Petitioners deprived of valuable right accrued in their favour as contemplated u/s 401..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 420, 467, 468, 471, 201, Prevention of Corruption Act, 1988, Section 13(2) -- Framing of charge - Cheating and forgery - Allegation that accused should have retired a year back but still serving and there is difference in his date of birth as far as service book and certificate concerned - Entry..........
Indian Penal Code, 1860, Section 376(1), Evidence Act, 1872, Section 118 -- Rape of 8 years old minor girl - Testimony of victim/child witness - Victim duly identified accused and narrated entire incident without any infirmity in it - She was subjected to thorough cross-examination but nothing came out which may dent the veracity of her deposition - Medical examination of..........
Indian Penal Code, 1860, Section 307, 120B, 506 -- Attempt to murder - Criminal conspiracy - Conspiracy hatched in public place as per PWs, as they overheard accused to kill complainant and his family - However, it is a matter of common sense that conspiracy is always hatched in secrecy, even though assumed that PWs heard accused hatching a conspiracy, they should have..........
