Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25(i)(a)(b) -- Murder - Criminal conspiracy - Circumstantial evidence - Last seen evidence - Since the time gap between the way deceased and A-1 were last seen together is small, it is on accused to explain the circumstances in which he parted the company of deceased - A-1 failed to discharge the onus and..........
Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25(i)(a)(b) -- Murder - Criminal conspiracy - Apart from telephonic conversation and recovery, no other evidence was adduced by prosecution to bring home that accused persons hatched conspiracy - Presence of co-accused at the scene of occurrence not established by prosecution - As regards confessional..........
Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 2(d) -- Cheating - FIR registered by Inspector of Police attached to Lokayukta Police Station on the basis of facts published in the newspaper - An inspector of police who is on deputation to Lokayukta has got every power u/s 2(d)..........
Indian Penal Code, 1860, Section 365, 364A, 392, 120B -- Abduction for ransom - PW3 detained by accused at gunpoint under threat of causing death or hurt for 7 days - Meticulous planning was done by abductors while executing abduction of PW3 - Accused stayed in various hotels for 7 days under fictitious names - Car used for abduction was also purchased in fictitious name..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 468, 120B -- Anticipatory bail - Offence u/ss 420, 406, 468 & 120-B IPC and S.72(A) of IT Act - Allegation that accused persons being husband and wife, trustees of two trusts raised few crores of rupees as donation to build a `museum' in honour of 2002 riot victims which they failed to..........
Indian Penal Code, 1860, Section 420, 417, 418, 120B, 34 -- Cheating - Breach of contract - Nothing on record to show that at the very inception there was any intention on behalf of accused persons to cheat, which is a condition precedent for an offence u/s 420 IPC - Complaint does not disclose any criminal offence at all - Criminal proceedings should not be encouraged..........
Criminal Procedure Code, 1973, Section 202, Indian Penal Code, 1860, Section 409, 420, 467, 471, 120B -- Issue of process - Offence u/ss 409, 420, 467, 471 & 120-B IPC - Magistrate instead of directing investigation u/s 156(3) Cr.P.C, proceeded u/s 202 Cr.P.C. - Accused alleged to have forged partnership - Case has been held to be primarily of civil nature - Whether it..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, 201, 120B, Arms Act, 1959, Section 30 -- Murder - Circumstantial evidence - Motive - At the instance of deceased, IOC imposed fine on accused No.1 for irregularities found in the dispensation of fuel, which lead to his paying up fine, there is every possibility of accused No.1 bearing grudge against deceased - Accused..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, 201, 120B, Arms Act, 1959, Section 30 -- Murder - Circumstantial evidence - Place of incident - In every case of gun firing, it is not required that each and every bullet should hit the target - There may be attempts by deceased or the victim to save himself from raining bullets, and in which case, bullets may not hit..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, 201, 120B, Arms Act, 1959, Section 30 -- Murder - Circumstantial evidence - Evidence on record is trustworthy and consistent, and there is only one view, which points to the guilt of accused - There are minor discrepancies in the evidence of witnesses but such minor discrepancies should not come in the way of other..........
