Indian Penal Code, 1860, Section 300, 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Daughter and son of deceased aged 9 and 6 years respectively - Witnesses categorically stated that her father used to doubt character of appellant mother - Accused mixed sleeping pills in milk, as result of which her father fell asleep - Co-accused inflicting first blow..........
Indian Penal Code, 1860, Section 300, 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Extra marital affair between wife and contractor forming motive to kill deceased-husband - Accused mixed sleeping pills in milk, as result of which deceased fell asleep - Both accused assaulting deceased with axe resulting in his death - Daughter and son of deceased aged..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Recovery of decomposed dead body of deceased from the canal - Place of recovery was known to police authorities - No such recovery effected from accused pursuant to his disclosure statement which connects him to crime - Recovery held, not proved against accused...........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Death of deceased not in matrimonial home - Deceased went missing and her dead body was recovered in decomposed condition from canal - Information was conveyed to complainant immediately - Prosecution failed to discharge the initial burden cast upon it - It would be..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder of wife by husband - Extra-judicial confession - Witness of confession not supported prosecution case - Serious discrepancies occurred in the evidence of PWs - More so, no action against accused was taken by complainant's side on such confession - It would be unsafe to rely upon such..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Conduct of complainant creates a specific doubt on prosecution version, as delay of 26 days in submitting the application wherein allegations raised against accused for the first time and other family members are not explained - More so, complainant deposed before Court that relations between deceased..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - No iota of evidence on record that deceased was subjected to any kind of cruelty or harassment at the hands of accused or his family - Presence of accused as well as complainant and other relatives at the time of recovery of dead body of deceased reflects that all of them were trying to locate..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 377, 323, 328, 506 -- Anticipatory bail - Rape by father-i, law - There were constant disputes in the family and number of complaints were made to police from both sides - Despite repeated complaints by prosecutrix there is no allegation whatsoever against petitioner having committed rape..........
Criminal Procedure Code, 1973, Section 2(i), Indian Penal Code, 1860, Section 201, Oaths, Oaths Act, 1969, Section 3 -- Departmental proceedings - Not judicial proceedings as evidence is not required to be taken on oath...........
Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - Ingredients of the offence are : (1) the person charged is a public servant; (2) the said public servant corruptly or maliciously makes or pronounces any report, order, verdict, or decision which he knows to be contrary to law (3) such act is to be done in any stage of a judicial proceedings...........
