Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen evidence not proved against accused - Recoveries at the instance of accused are nothing but result of police padding - Two weapons of offence sought to be produced by accused, does not appear to be convincing enough to accept - Chain of circumstances do not form guilt of accused -..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 394 -- Compromise in an offence u/s 394 IPC - Offence not compoundable within scope of S.320 Cr.P.C. - However, Court in view of compromise arrived at between parties can reduce the sentence imposed while maintaining conviction...........
Indian Penal Code, 1860, Section 279, 337 -- Rash and negligent driving - Collusion between motorcycle and cycle - Two independent witnesses of occurrence not supported the prosecution case - Evidence on record shows that accused plying his motorcycle on correct side of road - Accused was not driving negligently on the relevant date - On the contrary it was the victim who..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149, 504, 506 -- Juvenile - Bail - Murder case - Petitioners are minor girls and there is no material either in report of Probation officer or any other material placed before Board or before Appellate Court that their release is likely to..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Double murder - Circumstantial evidence - Extra-judicial confession - Two tender age children were brutally killed by accused - Dead body of children recovered at the instance of accused - Three witnesses to extra-judicial confession unequivocally and unflinchingly stated that accused made..........
Indian Penal Code, 1860, Section 376, 109, Immoral Traffic (Prevention) Act, 1956, Section 3, 4, 5, 6 -- Gang rape - Pushing prosecutrix into prostitution - Sole testimony of prosecutrix - Prosecutrix was major on the date of occurrence - She had come into contact with co-accused `J' in a park and became friends - Subsequently, co-accused `J' and present accused allegedly..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Honour killing - Inter caste marriage - Father killed his 9 months pregnant daughter - Wound inflicted upon deceased was an incised wound and inflicted by sickle in question, as bones were exposed - High Court convicted accused u/s 304(Part I) IPC - However, no attempt was made by High Court to..........
Indian Penal Code, 1860, Section 302 -- Honour killing - Inter caste marriage - Murder of 9 months pregnant daughter by her own father - Testimony of sole witness PW18, who saw accused on the spot - Evidence of PW18, mother-i, law of deceased that she heard the cries of deceased from public toilet and thereafter she saw accused coming out of public toilet with a blood..........
Indian Penal Code, 1860, Section 302 -- Honour killing - Inter caste marriage - Murder of 9 months pregnant daughter by her own father - Nature of injury - Injuries were incised which resulted in loss of blood due to cutting of veins - Description of injuries itself shows that bones were exposed because of injury - It was a case of incised wound not lacerations or..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - It is not essential that bodily injury capable of causing death should be inflicted in order that charge u/s 307 IPC be made out - It is enough if there is an intention coupled with some common act in execution thereof...........
