Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - A-2 and A-3 had knowledge that deceased were murdered by A-1 and their dead bodies were dumped in septic tank in backyard of their house - They did not disclose said fact with intention to screen A-1 from legal punishment - Even though they cannot be made liable for murder of deceased for want of legal evidence,..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR counter blast to complaint filed u/s 138 NI Act - Cheque alleged to be fabricated - Whether cheque is fabricated or not is an issue which is to be decided in both cases, i.e in complaint u/s 138 of N.I Act and criminal case arising out of FIR -..........
Criminal Procedure Code, 1973, Section 311 -- Cross-examination of complainant - Complaint u/s 138 of N.I Act - Cross-examination of complainant is closed by Court - However, one opportunity is granted to petitioner in an application u/s 311 Cr.P.C to cross-examine complainant - But petitioner again sought time to extend cross-examination - Taking into account fair play..........
Consumer Protection Act, 1986, Section 23 -- Allotment of flat - Delay in handing over possession - Compensation/interest - Agreement provided for delivery of possession by 31.10.2013 - Delay occurred because of various legal impediments in timely completion of project - Builder held, liable to pay interest to purchaser by way of compensation - Delay ought to be computed..........
Evidence Act, 1872, Section 3 -- Testimony of Injured eye witness - Offence u/s 304 Part-I IPC - Injured eye witness/PW6 deposed about quarrel between accused and deceased - When PW6 tried to rescue deceased, he also sustained injuries on his right hand - PW6 injured in occurrence supported by medical evidence - Evidence of PW6 being injured eye witness stands on higher..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Incident occurred in sudden fight between deceased and accused party after wordy quarrel - Accused inflicted farsi blow on the head of deceased - There was no premeditation - Only one injury caused to deceased, which indicates that accused has not taken any undue advantage of deceased - Manner of occurrence..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27 -- Murder - Gu, shot injury - Finding of High Court based on appreciation of evidence that it was accused alone and no one else who fired a bullet from his revolver within a short range to deceased which caused his death immediately after the incident - Prosecution thus, able to prove its case beyond..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27 -- Murder - Gu, shot injury - Sentence - Accused has undergone more than 14 years of jail sentence and he is still in Jail undergoing his sentence - He is thus, eligible for his release by State in terms of Rules in accordance with law depending upon a case made out by him - Liberty granted to accused to..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 307, 34 -- Test Identification Parade (TIP) - Murder - TIP of accused conducted after 5 days from the incident - No explanation given for such delay - A-3 not identified during TIP - However, A-3 was identified in Court - This itself raises doubt about genuineness of TIP proceedings as well as dock..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Testimony of sole eye witness - PW7, injured witness is not reliable as there is no corroboration to the statement of PW7 - He being in such a highly toxic condition at the time of incident, his being asleep and suddenly woken up on account of deceased being attacked, raises doubt about capacity of PW7 to clearly..........
