Indian Penal Code, 1860, Section 302, 149, 147, 148 -- Murder - Common object - Appeal against acquittal - Leave to appeal - Old dispute between parties - Prosecution alleges that all accused gave beatings to deceased by deadly weapons - However, according to medical evidence there was only one injury on the body of deceased which indicates that all accused were not..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B -- Summoning of additional accused - Order taking cognizance u/ss 498-A, 304-B IPC - Co-accused acquitted from the alleged offences - It is duty of Court below to consider judgment of acquittal passed in respect of co-accused, before invoking power u/s 319 Cr.P.C. - Impugned order of..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Close scrutiny of entire evidence, it emerges that deceased was in company of accused persons - Even, entire conduct of accused persons shows that it was they who have committed murder of deceased - Moreover, as per statement of wife of deceased, she saw accused..........
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 177, 178 -- Offence u/ss 304-B, 498-A, 34 IPC - Territorial jurisdiction - Suicide was committed at place `A' - Police at place `A' closed the case after inquiry u/s 174 Cr.P.C., as none of family members of deceased raised any suspicion over death of deceased - There is no evidence of..........
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 154 -- Offence u/ss 304-B, 498-A, 34 IPC - Delay of 5 years in lodging FIR - Case under alleged offence closed after inquiry u/s 174 Cr.P.C. - FIR lodged after five years of closing of said case on the basis of letters received by brother of deceased - Neither at the time of death of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder of wife by husband and his second wife - Allegation that deceased was beaten by kick fist, saria and iron rod continuously for one hour - However, deceased sustained only six injuries - Cause of death was due to head injury and coma - PW1 reached the place of incident subsequently and he did not see who assaulted deceased..........
Indian Penal Code, 1860, Section 394, 323, 341 -- Robbery - Identification of accused - Not held in Court - Even no steps were taken by prosecution to prove the fact of identification of accused and co-accused by complainant in test identification parade - Magistrate who held the parade was also not produced as witness during trial - It cannot be held that accused was one..........
Indian Penal Code, 1860, Section 394, 323, 341 -- Robbery - Recovery of purse - No evidence collected during investigation to show that it is the same purse which was allegedly snatched from complainant in the incident - Moreover, recovered purse neither produced before Court nor it was got identified by complainant during trial - No material on record showing involvement..........
Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii) -- Rape - Allegation that accused embraced prosecutrix, took her behind bushes and committed sexual intercourse - However, no alarm was raised by prosecutrix to seek help from other woman labourers who were working at distance of 60-70 steps -..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape of two minor girls - Age of victims - Statement of father of victims remained intact - In absence of any evidence envisaged in R.12 of JJ Rules, statement of father of victims on point of age can be safely relied upon - Thus, victims were about 14 years and 12 years respectively at relevant time...........
