Indian Penal Code, 1860, Section 302 -- Murder - Accused ran away from the spot immediately after causing murder - Police failed to apprehend accused and ultimately he was declared P.O. - Accused was arrested after a period of more than 11 years - This long absconding of accused after committing offence goes to show his conduct and points towards his guilt - Conviction..........
Indian Penal Code, 1860, Section 302 -- Murder - Identity of accused not disputed as accused is not a stranger but is a close relation of witnesses - Though witnesses did not actually see the accused causing murder of deceased but they have seen accused standing on roof with kulhara and on seeing witnesses he jumped and ran away - Statement of witnesses would fall within..........
Indian Penal Code, 1860, Section 417 -- Sexual relationship - Refusal to marry - Mere refusal to marry would not constitute offence u/s 417 IPC until and unless the requirement u/s 90 IPC is established by prosecution...........
Indian Penal Code, 1860, Section 417 -- Sexual relationship - Refusal to marry - Victim and accused were in a love relationship for four years and they had physical relationship - Both of them were majors - No evidence to establish or suggest that said long love relationship and physical relationship were under misconception of fact or that consent of victim was based on..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 27, 9 -- Murder - Disclosure statement - Recovery of ornaments worn by deceased - Non-conducting of Test Identification Parade (TIP) - Material omission on part of I.O. in not conducting Test Identification Parade (TIP) of recovered articles, more particularly when case of prosecution is based solely..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of ornaments worn by deceased - I.O. not deposed exact words as narrated by A-2 and A-3 in their disclosure statements - In fact, he even did not care to exhibit disclosure statements of which he was scribe in his deposition - I.O. also did not depose in..........
Indian Penal Code, 1860, Section 295A -- Offence u/s 295-A IPC - If a person insults a religion unwittingly or carelessly or without any deliberate or malicious intention to outrage the religious feeling, that will not attract liability u/s 295-A IPC...........
Indian Penal Code, 1860, Section 295A -- Offence u/s 295-A IPC - Merely because particular word or post on social media intends to insult a particular political party or a group who are not inextricably associated with any religion or its belief will not attract ingredients of S.295-A IPC, as it does not in any manner affect or outrage the religious feeling or belief of a..........
Indian Penal Code, 1860, Section 447, 457, 341 -- Offence u/ss 447, 457, 341 IPC - Quashing of proceedings - Entire case is based upon allegation that petitioners have trespassed into his share of house in question - Co-sharers in a disputed property cannot be said to have committed theft or criminal trespass - Petitioners cannot be held liable for any of offences..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Quashing chargesheet - Appellant along with her family did not attempt to put any pressure on the deceased to end the relationship between her and Babu Das - In fact, it was the deceased's family that was unhappy with the relationship - Even if the Appellant expressed her disapproval towards the marriage of..........
