Indian Penal Code, 1860, Section 302, 201, 452, 506, 34 -- Murder - Circumstantial evidence - Last seen evidence - Conduct of last seen witness PW14 creates dent in prosecution story as he remain silent for a considerable long period i.e nearly one month - PW14 knows the family of deceased and he knows deceased was missing and also knows that family of deceased entertains..........
Legal Metrology Act, 2009, Section 3, 51, Indian Penal Code, 1860, Section 415, 467, 468, 471, 34, 120B - - Exclusion of applicability of IPC - Offence u/ss 415, 467, 468, 471, 34, 120-B IPC - Offences in question are not punishable under provisions of the Act, therefore prosecution for such offences could be maintained since trial of such offences is not inconsistent with..........
Indian Penal Code, 1860, Section 323, 324, 34 -- Offence u/ss 323, 324, 34 IPC - Both the parties received injuries in the incident - Accused party suffered grievous injuries - However, injuries suffered by complainant side were insufficient and those can be self inflicted and were received when they were stopped by accused and in their self defence all injuries suffered..........
Indian Penal Code, 1860, Section 302, 394, 397, 34, Arms Act, 1959, Section 25(1)(B)(A) -- Murder - Robbery - Handwritten letter which alleged to be given to deceased by accused was seized and same was proved to be written by accused as per handwriting expert - Question with regard to alleged letter was put to accused during their statement u/s 313 Cr.P.C but except vague..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 302, 394, 397, 34, Arms Act, 1959, Section 25(1)(B)(A) -- Solitary testimony of a child witness - Murder - Robbery - Child witness is 10 years old at the time of incident - He specifically and categorically stated as to how incident took place and manner in which A-1 opened gunshot on his father/deceased..........
Indian Penal Code, 1860, Section 302, 201, 382, 467, 468, 420, 210, 411, 120B, 34 -- Murder - Circumstantial evidence - Accused acquitted as following circumstances not proved against them: (i) absence of missing report of deceased; (ii) last seen evidence not proved; (iii) Police not conduced Test identification parade and even there was lot of delay in identification of..........
Indian Penal Code, 1860, Section 498A, 354, 377, 406, 34 -- Cruelty - Relatives of husband - Vague and general allegations made against petitioners by wife - Allegations were general and bereft of any specific instance and authorship - Implication of petitioners for the offences in question is actuated by a design to harass and humiliate petitioners for the reason that..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Entire prosecution case proceeded on basis that A-4 and A-5 were actual assailants - Charge against present accused was that A-4 and A-5 have conspired with accused - Role of accused is that of conspirators - However, both the Courts below have not found charge of conspiracy proved - Having failed to prove charge of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 468, 469, 471, 34 -- Quashing of proceedings - Issuance of blank cheques - Allegation of converting the blank cheques into valuable documents and presented the same for encashment and getting the same dishonoured with mala fide intention - Present proceedings are counter blast of proceedings..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Gunshot injury - Presence of A-2 is established by consistent evidence of eye witnesses - Admittedly, A-2 was armed with rifle and shared common intention acting in concert with A-1 (since dead) - I.O seized one .12 bore cartridge and one .12 bore empty cartridge from the spot - Case of accused is not..........
