Indian Penal Code, 1860, Section 302, 143, 147, 148, 149 -- Murder - Testimony of eye witnesses - PW-1 did not name accused Nos. 2 and 5 in the complaint but in the course of his deposition, he not only named them but also furnished minute details of the attack by each of them - There are contradictions and discrepancies in the depositions of eye witnesses - Motive of..........
Indian Penal Code, 1860, Section 376(2)(i), 376D, 376A, 302, 450, 34, Protection of Children from Sexual Offences Act, 2012, Section 5(g), 6 -- Rape and murder - Dying declaration - All the witnesses have clearly stated that deceased after coming out from the room in flames has shouted that accused had committed the crime - DW1 who was examined on behalf of defence also..........
Demolition of property on ground of involvement in crime -- Transgression by a family member cannot invite action against other members of the family of their legally constructed residence - Alleged involvement in crime is no ground for demolition of property - Moreover, alleged crime has to be proved through due legal process in a Court of law - Court cannot be oblivious..........
Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry death - Allegation against sister-in-law - Accused is a married woman and at the relevant point of time admittedly, she was residing with her family at her matrimonial home - No specific evidence has come in the form of any of PWs that may connect accused to the commission of the crime - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused committed the crime in question without any premeditation but the same was committed owing to a sudden fight preceded by a sudden altercation - Accused might have had the knowledge that the said act would likely cause death, but probability of death was not such, which could show that accused..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(f)(g) -- Quashing of FIR - Offence u/s 3(1)(f)(g) of SC/ST Act - Complainant and petitioners have compromised the matter inter se them - Offences alleged to have been committed by petitioners do not involve offences of moral turpitude or any..........
Indian Penal Code, 1860, Section 302, 323 -- Murder - Testimony of PWs is not in tune with the medical evidence - Serious inconsistencies in the statements of PWs and the prosecution story as narrated by informant in the FIR - Motive of crime not proved - No evidence was laid during trial that deceased was attacked by appellant with such considerable force that would have..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 2(y), 413 -- Dishonour of cheque - Appeal against acquittal - Cheque issued in favour of complainant - Complainant is victim of crime - Victim shall have right to prefer an appeal before appellate forum and for preferring appeal no leave is needed - Appeal should have been..........
Evidence Act, 1872, Section 106, Indian Penal Code, 1860, Section 302 -- If murder is committed inside a house, there would be a corresponding burden on the inmates of house to give a cogent explanation as to how the crime was committed in view of S.106 of Evidence Act...........
Protection of Children from Sexual Offences Act, 2012, Section 24 -- Recording of statement of a child - When a police officer who receives report or information regarding commission of an offence under POCSO Act, he has a legal obligation to record statement and register a crime - However, statement of victim shall be recorded by a woman police officer not below the rank..........
