Indian Penal Code, 1860, Section 419, 420, 468, 471, 120B -- Cheating and forgery - Criminal conspiracy - Quashing of summoning order - Dispute purely of civil nature - No allegation in complaint or in evidence of PWs that either of accused has cheated by personation to anyone - Element of dishonesty is lacking in the allegations made in complaint - No forgery appears to..........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Indian Penal Code, 1860, Section 409, 468, 471, 120B - - Bank Manager of Public Sector Bank - Unauthorized conversion of public funds to private funds of an individual - Diversion of public funds by accused amount to criminal breach of trust by committing forgery/use of forged documents as well as offence..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - While discharging official duties, if a public servant enters into a criminal conspiracy or indulges in criminal misconduct, such misdemeanor on his part is not to be treated as an act in discharge of his official duties and therefore provisions of S.197 Cr.P.C. will not be attracted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - A girl aged two years was murdered by her own mother and grand maternal mother by administering poison - Ocular evidence duly supported by medical evidence proves that deceased died due to poison - Plea of accused that complainant in conspiracy with the wife of PW3 with whom he has illicit relations has committed the..........
Indian Penal Code, 1860, Section 302, 120B, 201, Arms Act, 1959, Section 25(1) -- Murder - Criminal conspiracy - Circumstantial evidence - Trial Court and High Court both held that offence of criminal conspiracy to commit murder not proved - Deceased died due to gun shot injury - Medical evidence establish that there is possibility of accidental death - Nitrate found in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Search & seizure - Prosecution failed to connect accused with the alleged recovery of contraband - Prosecution has not explained at all in what manner conspiracy was hatched between two accused - Independent witness not examined by prosecution - Version of police that independent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 20(b)(ii)(B), 29 -- Recovery of ganja - Appellants were convicted on the testimonies of official witnesses - No independent witness was joined during investigation and even no efforts were made by I.O to associate them - Ganja was recovered from possession of appellants when they were apprehended -..........
Indian Penal Code, 1860, Section 307, 149, 148, 120B -- Attempt to murder - Accused hatched a conspiracy along with co-accused and made a murderous assault on unarmed injured in busy market - No cogent reasons to disbelieve ocular testimony of injured - Medical evidence on record fully corroborates testimony of injured - Held, if testimony of an injured witness is..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Scope - Each individual conspirator need not know contents of entire conspiracy - It is sufficient that co-conspirator's knowledge of the conspiracy is limited to his role in the conspiracy...........
Prevention of Terrorism Act, 2002, Section 3, 4, 5, 21, 22, 50, Explosive Substances Act, 1908, Section 3, 4, 6, Indian Penal Code, 1860, Section 302, 307, 121, 153A, 120B, Arms Act, 1959, Section 27 -- Murder - Attack on Akshar Dham Temple - Sanction for prosecution was not valid under POTA on account of no, application of mind - Even, confessional statements of accused..........
