Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appeal by complainant - In case two views are possible, High Court must not grant leave, if trial Court has taken one of plausible views, in contrast thereto in an appeal filed against acquittal...........
Indian Penal Code, 1860, Section 302, 307, 506(2), 450 -- Triple murder case - Death sentence - High Court while confirming death sentence failed to look at aggravating and mitigating circumstances of criminal - No evidence as to uncommon nature of offence or improbability of reformation or rehabilitation of accused - Fact that accused had no previous criminal record apart..........
Criminal Procedure Code, 1973, Section 321, Indian Penal Code, 1860, Section 304 -- Withdrawal from prosecution - Offence u/s 304(Part I)PC - Death of a person due to falling off under construction Bridge - Inquiry report shows that bridge fell down due to failure of member in compression - In the reports petitioners not held liable - Officials who held liable on bridge..........
Service -- Judicial service - Acquittal in a criminal case - Supreme Court called for a confidential report of character verification as also the antecedents - Report revealing that except criminal case appellant has a clean record - Single misadventure or misdemeanour cannot be considered sufficient to deny appointment to the appellant when he has on all other aspects and..........
Criminal trial -- Gun shot injury on chest - Deep cavity on chest - In the normal course one would expect holes on the clothes worn by deceased - Absence of bullet holes on the clothes of deceased, creates doubt about case of prosecution - Acquittal by extending benefit of doubt, upheld...........
Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Rejection of leave to appeal - Unreasoned order - Application for leave to appeal dismissed by High Court without assigning any reason - It was a clear case of no, application of mind, because impugned order neither sets out facts nor submission of parties nor findings and nor reasons as to why..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband alleges that wife made false allegations of cruelty against him and his family members in criminal case, which ended in his acquittal - However, judgment of acquittal passed by trial Court is not on record - Even otherwise, appeal against such acquittal order is already filed -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Rejection of divorce petition and acquittal of accused/husband in criminal case have no significant bearing on fate of application for maintenance, as legal obligation of husband to maintain his wife has no correlation with his exoneration in proceedings u/ss 498-A and 406 IPC...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Wife turned out of her matrimonial home along with her children and forced to live separately from the last 15 years - Since then they are living in virtual dereliction - Even though order of maintenance passed way back in the year 2011 but husband not paid a single penny to his wife and..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - False criminal case u/s 498-A IPC filed against husband by wife which resulted in acquittal of husband, which itself amounts to cruelty - Moreover, parties had no physical relationship for more than 7 years - It would be futile exercise to restore marriage between parties when their..........
