Evidence Act, 1872, Section 9 -- Murder - Test Identification Parade - Accused was neighbour of witness and known to her - Test Identification Parade is necessary if accused was unknown to witness - Held, Test Identification Parade was not necessary...........
Evidence Act, 1872, Section 9 -- Murder - Test Identification Parade - Accused was neighbour of witness and known to her - Test Identification Parade is necessary if accused was unknown to witness - Held, Test Identification Parade was not necessary...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Murder case - FIR against unknown persons - Charge sheet filed - Appellant not named an accused - CJM committing the accused to the Court of Sessions - Summoning in a private complaint against persons left out by police in the course of investigation - Summoning order quashed - Once the..........
Indian Penal Code, 1860, Section 147,323,395,149,427 -- Dacoity - Material contradictions as to number of assailants - Test identification parade not conducted though accused were unknown to complainant - Recovery of articles not proved - It casts a shadow of doubt on prosecution case - Acquittal calls for no interference...........
Indian Penal Code, 1860, Section 304(Part I) -- Sudden and grave provocation - Appellant was already feeling doubt about character of his wife/deceased - Coming of three unknown persons after midnight and speaking to his wife, non explanation of who they were by wife and her aggressive behaviour in giving a fist blow on face of appellant in quarrel which resulted from..........
Indian Penal Code, 1860, Section 325 -- Grievous hurt - Benefit of doubt - Date and time of examination of injured is missing from injury reports - Evidence of informant indicates that injured had disclosed names of appellants on way but FIR was registered against unknown - Version of PWs 4 and 5 that they could get sense after 2-3 days does not find support from record or..........
Insurance claim -- Theft of vehicle - Repudiation of claim - For breach of terms and conditions of the insurance - Petitioner did not take reasonable steps to safeguard the vehicle from the loss - Petitioner at his own risk handed over the vehicle to an unknown roadside mechanic, which is a clear cut violation of the terms and conditions of the Insurance Policy - No..........
Custodial death -- In a case where the person is alleged to have died in police custody, it is difficult to get any kind of evidence - Rarely in cases of police torture or custodial death, direct ocular evidence is available of the complicity of the police personnel, who alone can explain the circumstances in which a person in their custody had died - Bound as they are by..........
Indian Penal Code, 1860, Section 420 -- Company - Vicarious liability of officers of company - Concept of `vicarious liability' is unknown to criminal law - In absence of specific allegations against officers of the company, no person other than company can be prosecuted...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Juvenile - Bail - Refusal - No material to show that on release of juvenile on bail he will come into company of known or unknown criminals - Bail allowed - Guardian of juvenile shall keep him away from company of criminals...........
