Indian Penal Code, 1860, Section 302, 34 -- Murder - Property dispute between family members - Testimony of sole eye/injured witness - Statement of PW1, is corroborated by not only PW29 and PW30 but also by medical evidence on record - FIR lodged promptly and copy of the same sent to Magistrate without any delay - All three accused were absconding from village after the..........
Indian Penal Code, 1860, Section 306, 107 -- General allegations - Not sufficient to attract S.107 or S.306 IPC - There should be material to show that accused suggested to deceased to commit suicide - Instigation and suicide must be proximate...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 107 -- Anticipatory bail - Abetment of suicide - Prosecution not able to collect any evidence to show that petitioner by his words or conduct suggested to deceased to commit suicide or that he did something which was proximate to commission of suicide by deceased - General allegation is not..........
Protection of Children from Sexual Offences Act, 2012, Section 24, 33, 36, Criminal Procedure Code, 1973, Section 327(2), 327(3), Indian Penal Code, 1860, Section 228A -- Investigating agency, prosecutors and Court must take appropriate measures to ensure that identity of child is not disclosed to his/her prejudice in course of investigation and trial - Trial of case..........
Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 7, 10, 12, 19, 40, 33(8), Protection of Children from Sexual Offences Rules, 2012, Rule 7, Indian Penal Code, 1860, Section 166B -- Sexual assault - Directive issued that Police Officer or Special Juvenile Police Unit receiving complaint as to commission or likelihood of commission of offence under Act..........
Indian Penal Code, 1860, Section 148 -- Offence u/s 148 IPC - Conviction of all accused u/s 148 IPC cannot be sustained, as none of them can be held to be armed with deadly weapon or with anything which is used as weapon, which would likely to cause death - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 332, 353, 149 -- Murder - Common object - Evidence on record shows that accused `L' alone was responsible for overrunning the body of deceased by use of tractor - Minor role was played by other accused - There is no corroborative evidence to support their active participation in the incident - Accused `L' held liable u/ss 302, 332,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Cheque book from which cheque has been issued belongs to another firm - Even if it is taken that cheque has been drawn by accused, it was not drawn from the account of accused - One necessary ingredient u/s 138 of the Act held, missing - Moreover, record shows that neither..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Cheque signed by no, account holder - There is nothing on record that accused is the same person in whose name cheque book was issued, which means that even if it is taken that this cheque had been drawn by the accused, even then it was not drawn from the account of the..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Plea of alibi - Not proved by accused inspite of producing six witnesses to prove the same - However, evidence otherwise not prove guilt of accused and individual circumstances sought to be proved against him are infact not proved by clinching and convincing evidence - Accused acquitted...........
