Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Circumstantial evidence - Motive of crime is not necessarily required to be proved - But where accused are named on suspicion by informant in FIR, motive appears to be relevant fact...........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Circumstantial evidence - Testimony of chance witnesses - No evidence on record that how chance witnesses who stated that they heard altercation between accused and deceased after midnight, knew them - Testimony of chance witnesses cannot be said to be reliable or trustworthy, particularly..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Circumstantial evidence - Medical evidence not supported the ocular evidence as stated by chance witnesses - Motive of crime not proved on record - In FIR it is not mentioned as to why deceased had gone in his separate scooter with accused from his house - Accused were named on suspicion by..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 436 -- Delayed FIR - Delay of 5 days in lodging FIR - Offence u/s 436 IPC - Informant stated that delay occurred as no male member was present in house on date of occurrence - However, cumulative effect of evidence of PWs indicates that occurrence took place at noon and informant and his father..........
Indian Penal Code, 1860, Section 436 -- Offence u/s 436 IPC - Prior enmity between parties - Allegation that house of informant was set on fire by accused - Occurrence took place in the noon - Timing of occurrence, surrounding circumstances coupled with inconsistent statements of eye witness does not prove that fire was set on by accused - Other witnesses have seen accused..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of proceedings - Offence u/s 498-A IPC - Compromise between parties - Proceedings should be quashed even when wife seeks quashing of proceedings - Any hyper technical view that accused himself should approach Court to quash proceedings pending against him, would be counter..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of proceedings - Offence u/s 498-A IPC - Compromise between parties - Offence not compoundable - If in the interest of justice quashing of FIR is necessary then S.320 Cr.P.C. is not a bar to exercise inherent power of quashing...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- FIR - Delay in lodging - Murder case - Circumstances of case does not show that FIR is ante timed - Nor it is possible to disbelieve timing of FIR, as police constable went to scene of crime and seized the shirt before registration of FIR - There is also no requirement that FIR must be in..........
Indian Penal Code, 1860, Section 302 -- Murder - Ballistic report not in conformity with ocular evidence - Ocular evidence proved on record that accused fired at the deceased with a gun and killed him - Ballistic report cannot be rejected as untrue which states that empty cartridges found at scene of crime were not fired from the gun recovered from accused - This cannot..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304 Part-II - Theory of suicide propounded by defence - Deceased suffered injuries in her internal organs and such injuries could be caused by assault alone and not in case of poisoning - Accused and deceased were alone in the room when she suffered injuries - However, accused not only failed to explain said..........
