Indian Penal Code, 1860, Section 302, 34 -- Murder - Contrary evidence on point of place of incident - Non-explanation of injury No.3 of deceased by his son - Independent witnesses although available but not examined by prosecution - Highly inimical and interested witnesses examined - Prosecution failed to send blood stained earth and plain earth to obtain chemical..........
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..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Extra judicial confession - Merely because one of witnesses to confessional statement does not support confession in its entirely, entire confession should not be brushed aside as unreliable particularly when independent witness had supported the recording of conviction - Appellants are not convicted merely on..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 3, 4 -- Terrorist act - Non-examination of independent witnesses - Held, it is common knowledge that when terrorists unleash a way of terror, no independent witnesses are ready to come forward and depose against them - Prosecution case cannot be rejected on ground of no, examination of independent..........
Narcotic Drugs and Psychotropic Substances Act, 1985 - - Recovery of 4 bags of poppy husk - Search & seizure - Grounds of arrest was not disclosed to accused - Only official witnesses was examined, no independent witness was examined - Prosecution also did not lead evidence whether Chemical Analyzer received the sample with proper intact seals - In the facts of case and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 1 kg. - Sample was less in weight by 17 grams when it reached CFSL - No explanation by prosecution - This shortage assumes significance, particularly when there was 8 days delay in sending sample to CFSL and when sample seals remained with official witnesses - Possibility of tampering..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Non examination of independent witnesses - Independent witnesses not residing at the given address - Either the witnesses gave wrong address or they shifted from the place where they were earlier residing without intimating the new address - Prosecution cannot be held responsible for not examining them..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Dispute regarding sale deed executed by deceased in favour of informant - FIR was highly suspicious as it contained incorrect version of occurrence - Presence of witnesses at the place of incident found doubtful - Prosecution witnesses made contradictions on material aspect of matter - Independent witness not examined -..........
Indian Penal Code, 1860, Section 302, 307, 323, 34 -- Murder - FIR is incorrect based on false allegation after preparation of inquest report - Injuries sustained by two accused persons in same incident not explained by prosecution - Prosecution also failed to explain as to what happened to weapons alleged to have been used by accused during incident - No evidence on..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Accused an accounts officer of HPSEB was demanding bribe on account of passing bills of complainant - Complainant admitted that he used to give bribe to all officials for the last 3-1/2 years but never filed any complaint - Contradictions as to who had asked the complainant to hand over..........
