Indian Penal Code, 1860, Section 379, Evidence Act, 1872, Section 3 -- Theft of motor cycle - Motor cycle recovered while lying at an unattended condition - Accused arrested without there being any evidence so as to connect him with the alleged crime - Arrest memo not exhibited by prosecution during its evidence - Circumstance of recovery cannot be used against accused -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 379, 409, 468, 411, 120B, Prevention of Corruption Act, 1988, Section 13(1)(c)(d) -- Third bail application - Offences u/ss 420, 379, 409, 468, 411, 120-B IPC and S.13(1)(c)(d) of P.C.Act - Prima facie involvement of petitioner in deep rooted conspiracy in economic offences involving huge..........
Indian Penal Code, 1860, Section 379, Criminal Procedure Code, 1973, Section 320 -- Theft - Offence is compoundable as per Criminal Procedure (Amendment) Act, 2008, irrespective of value of the subject matter - Amendment is retrospective in nature - Parties allowed to compound the offence...........
Indian Penal Code, 1860, Section 304(Part II), 324, 353, 379, 411, 34 -- Offence u/ss 304 Part-II, 324, 353, 379, 411, 34 IPC - Identification of accused - Accused persons identified in Court for the first time after a gap of more than 2 years from the date of incident - Incident occurred in the night, at a place with improper lighting - Accused persons not known to forest..........
Indian Penal Code, 1860, Section 304(Part II), 324, 353, 379, 411, 34 -- Offence u/ss 304 Part-II, 324, 353, 379, 411, 34 IPC - Delay of 8 days by investigating agency to make arrest of all accused - Plea that accused were absconding, rejected, as if they were really absconding then they should remain absconding - Arrest of accused from home casts a shadow of doubt on..........
Indian Penal Code, 1860, Section 304(Part II), 324, 353, 379, 411, 34 -- Offence u/ss 304 Part-II, 324, 353, 379, 411, 34 IPC - Material contradictions in the prosecution story - Accused acquitted viz. : (i) FIR lodged against four unknown persons, despite the fact that complainant knew the name of one of accused; (ii) Forest officers including driver of jeep ten in number..........
Indian Penal Code, 1860, Section 379, Criminal Procedure Code, 1973, Section 482 -- Theft - Quashing of FIR - Financier repossessed vehicle as there was default in repayment of loan - No criminal action can be taken against financier - FIR quashed...........
Indian Penal Code, 1860, Section 364, 379, 302.149, 201, 411 -- Abduction and murder of seven persons - Theft of 700 sheeps - Nothing incriminating recovered from possession of five accused persons - No independent witness supported prosecution case - Only evidence against these accused persons was either their own confession or confession of co-accused, which is not..........
Indian Penal Code, 1860, Section 364, 379, 302.149, 201, 411 -- Abduction and murder of seven persons - Theft of 700 sheeps - Accused `K' was arrested along with 700 sheeps and some other animals and accused `P' was arrested at the instance of accused `K'- Property of seven deceased persons were also recovered from accused `K' - Accused `K' not claimed ownership of..........
Indian Penal Code, 1860, Section 364, 379, 302.149, 201, 411 -- Abduction and murder of seven persons - Theft of 700 sheeps - Recovery of dead bodies - Accused `P' was arrested at the instance of accused `K'- Seven dead bodies of persons recovered at the instance of accused `P' from the well - It is not the case of accused `P' that he had seen someone else throwing dead..........
