Indian Penal Code, 1860, Section 279, 337, 338 -- Rash and negligent driving - Identity of accused not established, as PW1 and PW2 cannot say that it was accused who was driving vehicle in rash and negligent manner - Evidence on record shows that accused was not driving vehicle on wrong side in rash and negligent manner - Accident occurred due to error of judgment - Though..........
Indian Penal Code, 1860, Section 304, Evidence Act, 1872, Section 32 -- Offence u/s 304(Part I)PC - Dying declaration - Solitary evidence against accused - All eye witnesses to incident turned hostile - Only evidence against accused is dying deceleration of deceased - Deceased was fully conscious and in a position to understand situation at the time of recording dying..........
Indian Penal Code, 1860, Section 304, Evidence Act, 1872, Section 11 -- Offence u/s 304(Part I)PC - Plea of alibi - Accused examined DW1 and DW2 in order to prove plea of alibi - However, evidence of DW1 and DW2 neither inspires confidence nor same appears to be reliable - Accused failed to prove plea of alibi set up by him in defence by cogent evidence - Plea rejected...........
Indian Penal Code, 1860, Section 304(Part I).304(Part II) -- Nature of offence - Incident occurred in the heat of passion and on sudden provocation when his mother/deceased refused to abandon her paramour - No evidence on record proving that act of accused by which death of deceased was caused was done by him with intention of causing death or causing such bodily injury as..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 86 -- Trial of offences against children - Children's Court can try the offences against children or violation of child rights if and only if at least one of offences alleged is punishable with imprisonment for a term exceeding 7 years irrespective of whether the offences alleged are offences under IPC..........
Indian Penal Code, 1860, Section 302, 328, 120B, Punjab Excise Act, 1914, Section 61(1)(a), Evidence Act, 1872, Section 7 -- Hooch tragedy - Consumption of poisonous liquor by hundreds of people - All victims, immediately after suffering the consequences of consuming liquor, made specific and categorical statement that they had purchased liquor from vends of accused - Such..........
Indian Penal Code, 1860, Section 302, 328, 120B, Punjab Excise Act, 1914, Section 61(1)(a) -- Hooch tragedy - Consumption of poisonous liquor by hundreds of people - Scores of them died and many more were rendered permanently blind - Direct evidence produced showing involvement of accused in commission of ghastly crime - Spurious liquor was purchased from shops of accused..........
Indian Penal Code, 1860, Section 302, 307, 120B -- Nature of offence - Murder or accident - Collusion of truck and jeep on right side and occupants of truck fled away from the spot - Photographs on record shows that tyre marks on the spot which indicated that brakes were applied to avoid accident - False implication due to previous enmity was a plausible view - None of..........
Indian Penal Code, 1860, Section 394 -- Robbery - To constitute offence u/s 394 IPC, it must be shown that voluntary hurt was caused in committing or attempting to commit robbery...........
Indian Penal Code, 1860, Section 394 -- Robbery - Version of injured was not supported by testimony of PWs - Neither robbery nor attempted robbery established on record - Essential ingredients to constitute offence u/s 394 IPC not fulfilled - Conviction of accused not justified - Accused acquitted...........
