Indian Penal Code, 1860, Section 392, 302 -- Robbery - Murder - Circumstantial evidence - Last seen evidence - Accused were seen by PWs in the vicinity of neighborhood in the morning of day of incident - Last seen theory built up on the evidence of PW5 and PW7 leaves a significant margin of time during which crime could have been committed by somebody other than accused -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Prior enmity between parties - A-1 assigned the role of exhortation and firing from country made pistol - However, neither country made pistol nor used cartridges recovered by investigating agency - It creates serious doubt regarding alleged role assigned to A-1, as no other corroborative evidence is on record to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Prior enmity between parties - A-3 brutally killed deceased in a planned manner due to prior enmity - Solitary eye witness of occurrence is brother of deceased, who narrated entire incident in detail in Court - Specific role assigned to A-3 that he assaulted the deceased with `bhala' which is corroborated by medical..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 366, 376, 342 -- Summoning of additional accused - Revision filed against order summoning additional accused - In the mean time accused acquitted as prosecution case not proved - This order became final as no appeal filed thereagainst - Impugned order of summoning of additional accused quashed...........
Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 120-B IPC - Illegal gratification for purpose of exchange of land - There is no evidence on record to show that petitioner has meeting with the Collector who passed the order or that present petitioner approached Collector to secure order in his favour..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape of minor girl - Appreciation of evidence - There is absolutely no material variation in statement of witnesses - Even, discrepancy as pointed out by counsel is very minor and is of little consequence as Court is required to see veracity of evidence on record - Moreover, informant, his wife and..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of daughter by father by administering poison - However, doctor opined that death occurred on account of head injury - It was not even remotely the case of prosecution that accused is in any way responsible for head injury suffered by deceased - Moreover, PW12, wife of accused, who implicated the accused, declared hostile..........
Indian Penal Code, 1860, Section 302, 307, 143, 147, 148, 149, 324, 436, 427, 452 -- Double murder - Unlawful assembly - Appeal against conviction - Testimonies of material witnesses as regarding assault on deceased difficult to believe, in absence of reliable evidence - Though presence of accused along with other acquitted accused is established on record, but in the..........
Indian Penal Code, 1860, Section 302, 201 -- Double murder case - Circumstantial evidence - Accused committed murder of his wife and daughter, as there was serious dispute between spouses as to extra marital affair of accused - He was last seen in the company of both the deceased and dead bodies were recovered on the very next day - Accused informed PWs that he along with..........
Indian Penal Code, 1860, Section 420, 120B, 34, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Cheating - Criminal conspiracy - Quashing of FIR - Case involves a multi-victim scam - Petitioners were Independent Representatives (IRs) of company which is accused of cheating and dishonestly inducing victims to invest monies in a fraudulent..........
