Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of key of hotel from possession of accused - PW3 reveals that when police came to their village, they brought key of guest house, besides hotels or guests normally retain one duplicate key of every room - PW3 neither examined nor declared hostile - He was PW and prosecution is bound by..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Entry in hotel register - Only the names of inmates were mentioned in the register - No signatures were obtained - Normally ID and signatures of guests were taken in the hotel register - But that was not done - Entry in hotel register does not prove anything against accused...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Motive - Prosecution stated that deceased had given a debt of Rs.2000 to accused and accused did not want to return the same therefore, he put him to death - However, only Rs.700 was recovered from accused and that too belatedly - No reason as to recovery why not made earlier - Amount recovered..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen evidence - Solitary circumstance of last seen is not sufficient to hold accused guilty of offence, particularly when other circumstances were not proved against accused - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 120B -- Murder of husband by wife - Circumstantial evidence - Two stories of murder developed by prosecution - Both stories were not proved on record - Extra judicial confession of accused does not appeal to logic - Investigation of case from beginning to end was quite lackadaisical and sketchy - Chain of circumstances having many..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Acquittal of husband and his family members of matrimonial offences u/ss 406, 498-A IPC - Appeal filed by wife thereagainst pending - It is sufficient to hold that it caused mental cruelty to husband, as it would cause reasonable apprehension in the mind of husband that it was not safe for him..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 120B -- Suspension of sentence during pendency of appeal - Offence u/s 120-B IPC - Allegation that main accused gave beatings and harassed the deceased at the instance of applicant - However, no strong motive has been alleged by prosecution against applicant - Appeal is not likely to mature for..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 342 -- Quashing of Proceedings - Offence u/ss 323, 342 IPC - Allegation that accused entered into the bathroom of complainant while he was taking bath and tried to commit unnatural offence - Wrong is basically private or personal in nature as complainant has also lost interest and has not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 467, 468, 471, 120B -- Bail - Offence u/ss 467, 468, 471, 120-B IPC - Accused discharged u/s 420 IPC at the time of framing of charge - He is in custody for more than 1 year - Bail application of accused rejected by High Court on the basis of FSL report - Though Case is pending for a long time but..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident took place due to some hot discussion in between parties - Only one injury was caused to deceased by accused - Deceased came back to his home from the field in injured condition and he was alive till he reached his home - Accused did not took undue advantage or acted in cruel manner - Motive..........
