Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused who confined in jail allegedly assaulted another under trial prisoner with a broken brick - Motive behind the crime not proved by prosecution - Presence of brick inside the jail appears to be doubtful, as the evidence of jailor PW2 is silent as to where he brought brick and produced it before I.O - Medical..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(i), 20(b)(ii) -- Recovery of 2 kg ganja - Wrong framing of charge - Trial Court framed charge u/s 20(b)(i) of the Act instead of S.20(b)(ii) of the Act - However, accused was made aware of nature and extent of accusation against him - Moreover, no prejudice is caused to accused or any failure of justice..........
Indian Penal Code, 1860, Section 302, 307, 324, 326, 448 -- Murder of three minor children and also caused serious injury to fourth minor child - Accused not a previous convict or a professional killer - Motive of accused to commit murder and eliminate family of co-brother is out of family dispute - Case does not fall within category of rarest of rare case warranting death..........
Evidence Act, 1872, Section 114, Indian Penal Code, 1860, Section 302 -- Adverse inference - Murder case - Victim last seen in the company of accused when victim offered chocolates to accused - No explanation forthcoming from statement of accused u/s 313 Cr.P.C as to when he parted company of victim - Even no explanation is there as to what happened after he getting..........
Indian Penal Code, 1860, Section 302 -- Murder of 8 years old girl - Circumstantial evidence - Accused was treated as family member and he is uncle (Mama) of victim - Victim went along with accused when she was offered chocolates to accused - Last seen circumstance is proved as per PWs - PWs supported prosecution case - Offence of murder proved - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302 -- Murder of 8 years old girl - Death sentence - Accused acquitted under POCSO Act - Motive for murder is not clear - Accused does not have any criminal background, nor he is a habitual offender - Murder has not been committed with extreme brutality or that same involves exceptional depravity - Only aggravating factor is that accused..........
Indian Penal Code, 1860, Section 304 -- Charge - Dropping of charge u/s 304(Part I)PC - Collapse of building due to earthquake - 98 persons lost their lives - Earthquake engulfed almost entire State of Gujarat - Out of four towers erected by accused only one tower had collapsed - Moreover, almost 12 buildings collapsed in the State - In all other cases no charge u/s..........
Criminal Procedure Code, 1973, Section 173 -- Charge sheet - When charge sheet is filed before Court/Magistrate without arresting accused, despite rejection of his anticipatory bail application by High Court, it is not open to Court to examine where exercise of discretion by I.O not to arrest accused despite rejection of his anticipatory bail application by High Court has..........
Indian Penal Code, 1860, Section 302, 449 -- Murder - Tower location of mobile of accused - Hand writing document showing tower location - Scribe of hand written document not examined - Linking accused to area where house in which deceased was murdered through medium of said tower location thus, fails...........
Evidence Act, 1872, Section 65B -- Call details records (CDRs) - CDRs tendered by I.O sans any certificate obtained from service provider - No witness from service provider examined to prove same - There is thus, complete no, compliance of S.65-B of the Act - CDRs thus, not proved as per law and thus have to be ignored...........
