Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Solitary eye witness - All witnesses who participated in the investigation turned hostile - PW3, who stated that he witnessed the occurrence is a made up witness, who was introduced later - Delay of 8 days in recording statement of PW3 is vital particularly when he had named only 6 persons as accused and he is not..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Accused has gone missing immediately after death of his wife and was arrested after 15 days - Deceased was living with her husband/accused along with children - It was for accused to explain circumstances under which deceased died in his house, which he failed to explain -..........
Indian Penal Code, 1860, Section 302, 458, 392, Evidence Act, 1872, Section 3 -- Robbery - Murder - Conviction based on circumstantial evidence - Appreciation of evidence - Deceased was alone at home in the night of incident - Two looted articles not recovered from exclusive possession of accused and not even got identified from complainant to ascertain whether these..........
Indian Penal Code, 1860, Section 364A, 302 -- Kidnapping for ransom - Murder - Death sentence - Review application - No error apparent on face of record in recording conviction of accused - Conviction of accused was based on cogent, ocular and medical evidence - Submissions raised on behalf of accused which does not disclose any valid ground for exercising review..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 409, 419, 420, 506 -- Quashing of complaint - Offence u/ss 406, 409, 419, 420, 506 IPC - Compromise arrived between parties and both parties agreed to part away each other - No date fixed for filing divorce petition in compromise - Time taken by Court while recording evidence and deciding..........
Indian Penal Code, 1860, Section 377 -- Unnatural offence - FIR lodged after delay of 4 days - No explanation given for such delay despite Panchayat held on next day of incident - Evidence available on record is only of interested witnesses that too without any corroboration from medical evidence - No injury found on body of victim - Suspicious circumstances divulged out..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Fatal accident - Collision inter se buses - I.O in collusion with two interested witnesses manipulated depictions occurring in both the spot maps with respect to purported occupation at site of occurrence, of both vehicles - Even I.O suppressed factum of vehicles occupying appropriate or..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii), Indian Penal Code, 1860, Section 420, 471, 468, 467, 109, 34 -- Bar u/s 195(1)(b)(ii) Cr.P.C - Cheating and forgery - Investigating agency prima facie found that Process Server in connivance with two witnesses and petitioners prepared documents outside Court in revenue proceedings - Bar u/s 195(1)(b)(ii) Cr.P.C not..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376D, 342, 506 -- Delayed FIR - Rape - Complaint made after delay of 22 days and it was admitted by prosecutrix that no threats were extended during that period - Even thereafter prosecutrix chose to approach lawyer first and not police and waited for another 3 days as lawyer was busy - First..........
Indian Penal Code, 1860, Section 376D, 342, 506 -- Rape on married woman - Testimony of prosecutrix is contradictory on vital aspects and itself belied by other prosecution evidence - No corroborating evidence forthcoming - It is highly improbable that rape was committed inside a running office which comprises of 6 cabins having transparent walls - Accused no.2 was not..........
