Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- Murder - Delay in filing of FIR - Offence took place at 4 pm and FIR was lodged at around 11 pm - After the offence injured (now deceased) was taken to a hospital for medical attention which was 11 km away - Then he was taken to military hospital - Therefore, lodging of FIR in instant..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction - Accused alongwith his brother went to shop of deceased father-in-law to bring back his wife and in quarrel hit knife blows and killed him - Recovery of weapons post disclosure statement of accused - Injuries as per post-mortem report are possible by weapons recovered - Testimony of..........
Indian Penal Code, 1860, Section 498A -- Cruelty - In order to attract the provision of S.498-A IPC, there must be specific allegations/overt act on the part of accused and there must be prima facie material against petitioners to indicate that dowry articles were actually entrusted to them and they misappropriate the same - For the fault of husband alone, other relations..........
Indian Penal Code, 1860, Section 498A, 406 -- Cruelty - Misappropriation of dowry articles - Quashing of FIR - No specific allegation regarding cruelty in the FIR against petitioners unmarried sisters-i, law of complainant - Nor there is any specific allegation as to what dowry articles were entrusted to which of petitioners - Petitioners are not going to gain from the..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - If an offence is committed by any person of an unlawful assembly, which members of that assembly knew to be likely to be committed, every member of that assembly is guilty of offence - As membership of assembly is sufficient to hold such members vicariously liable...........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 436, 435, 452, 147, 148, 149 -- Murder - Unlawful assembly - Recovery of certain weapons with blood stains immediately on the day after the incident on the disclosure statement of accused, mere fact that those recoveries were not supported by independent panch witnesses, is not a ground to doubt on said recoveries -..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 436, 435, 452, 147, 148, 149 -- Murder - Unlawful assembly - Testimony of sole witness - All PWs not supported prosecution case except PW 12 wife of deceased - PW12 concentrated only upon roles of those accused who were directly responsible for having committed certain overt acts - Out of large body of 34 accused,..........
Indian Penal Code, 1860, Section 376 -- Rape - Mere fact that hymen is intact or that there is no actual wound on the private part of prosecutrix is not conclusive of the fact that prosecutrix was not subjected to rape...........
Indian Penal Code, 1860, Section 376, 354 -- Rape of 8th class girl by her school teacher - Prosecutrix was proved to be below 16 years at the time of incident - Statement of prosecutrix that she was sexually assaulted and raped by accused, was consistent despite test of severe cross-examination - Medical evidence supported the testimony of prosecutrix - Defence taken by..........
Indian Penal Code, 1860, Section 376, 354 -- Rape - Testimony of prosecutrix - If Court on facts finds it difficult to accept version of prosecutrix on its face value, it may search for evidence, direct or circumstantial, which would lend assurance to her testimony - Assurance, short of corroboration as understood in the context of an accomplice would do...........
