Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Fatal accident - Two tempos collided with each other - Tempo in which deceased was travelling was carrying 8 to 10 passengers having passenger capacity of 1 plus 3 - Deceased was protruding out of tempo and as such it was a rash and negligent act of driver of tempo in which deceased was travelling..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death by 90% burn injuries - Family members of deceased turned hostile - Even PWs not supported prosecution case - Dying declaration of deceased appears to be tutored one - Evidence on record shows that accused immediately took deceased to hospital and shifted her to private hospital on being not satisfied with treatment..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d)(i)(ii)(iii) -- Offence u/ss 13(2), 13(1)(d)(i)(ii)(iii) IPC - Allegation that wrongful loss caused to State Government by accused by making forged entry in stock register and other relevant record - However, trial Court acquitted accused for offences u/ss 420, 467, 468, 471 IPC - Fact of misappropriation of..........
Indian Penal Code, 1860, Section 307, 452 -- Attempt to murder - Accused allegedly 15/20 in number attacked the house of complainant armed with deadly weapons - However, no injury was caused to complainant or to his son - Though firing of gunshot at son of complainant was attributed to accused but same was escaped from being hit - Accused come in two vehicles as per..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Motive - Material variation in version of prosecution regarding motive for accused to attack deceased - Hence, credibility of prosecution case at very inception itself received severe jolt - Prosecution failed to prove motive - Accused acquitted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Complete inconsistency regarding presence of PWs at scene of offence, manner in which attack took place and person who accompanied deceased to hospital - These inherent contradictions in evidence of PWs throw serious doubt on veracity of their testimony - Prosecution..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Mere seizure of weapon from person does not establish nexus between offence and person from whose possession weapon is seized, unless prosecution establishes that it is with that weapon that offence is committed - In the instant case, investigation agency failed to..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - As per material on record, there is absence of evidence as to approximate age of injuries - Even, it is doubtful whether PW3 received injuries during course of attack on deceased - Moreover, PWs 4 to 6 turned hostile and thereby evidence of PWs 1 to 3 not received any..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Deceased died due to single injury inflicted upon head by accused - No repetition of blow - Had there been any intention to cause murder accused would have inflicted repeated blows - Conviction altered from S/302 to S.304(Part II) IPC...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR and proceedings in furtherance thereto for offence u/ss 420, 467, 471, 472/120-B of IPC - FIR filed after 10 years of original agreement signed between parties - Admittedly, complainant himself gave specific reason in FIR that agreement to sell could not be executed because of variation of price in immovable..........
