Indian Penal Code, 1860, Section 302, 324, 148, 149, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Place of incident not established - Testimony of injured eye-witnesses not corroborated by each other and even, medical evidence does not support their version - Presence of family members on spot not established - Moreover, Civil Surgeon frequently..........
Indian Penal Code, 1860, Section 452, 148, 323, 149 -- Offence u/ss 452, 148, 323, 149 IPC - Accused died due to head injury caused by accused `D'- Other accused had no role to play in the murder of deceased, therefore, they can only be charged with offence u/ss 452, 148, 323, 149 IPC...........
Indian Penal Code, 1860, Section 302, 149, 326, 324 -- Double murder - Cross FIRs - Eye witnesses asserted that accused `A-6'and other threw chilly powder upon deceased - However, doctor who conducted post-mortem examination of the bodies of deceased, categorically stated that he did not notice any chilly powder on any part of the bodies of deceased - Therefore, this..........
Indian Penal Code, 1860, Section 302, 149, 326, 324 -- Double murder - Cross FIRs - There is strong possibility of political intervention and glaring inconsistencies in the prosecution case, including registration and dispatch of the two FIRs, which give rise to likelihood of strong manipulation of the case by police - Even, version of prosecution as put forth opens the..........
Motor Vehicles Act, 1988, Section 149 -- Accidental death - Compensation - Liability of insurer - Appeal by truck owner - Offending vehicle stationary at time of accident - When there is no case of negligent driving and case is made out of only negligent parking - Issue regarding driving licence cannot be raised by insurance company - Therefore, insurance company cannot be..........
Indian Penal Code, 1860, Section 307, 323, 325, 148, 149, 447 -- Offence u/ss 307, 323, 325, 148, 149, 447 IPC - Different versions given by different witnesses as regarding head injury given to injured - This creates a serious suspicion regarding prosecution story - Offence punishable u/s 307 IPC not proved beyond reasonable doubt - As regarding other offences, since..........
Motor Vehicles Act, 1988, Section 149, 166 -- Route permit - Nothing on record suggestive that insurance company filed an application before Tribunal calling respondent to produce fitness certificate and route permit much less examining him as witness to know about status of documents - Assuming that there was no route permit of vehicle or there was deviation from route..........
Motor Vehicles Act, 1988, Section 149, 166 -- Insurance Company altogether failed to discharge onus that offending vehicle was being plied without fitness certificate - Insurance company cannot press for right of recovery against insured...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 326, 147, 148, 149, 504, 506, 307, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 326, 147, 148, 149, 504, 506, 307, IPC and S.25 of Arms Act - Accused is student and not hardened criminal - Incident took place at spur of moment, when he was on pleasure trip along with co-accused - Co-accused..........
Indian Penal Code, 1860, Section 147, 148, 149, 447 -- Unlawful assembly - Two persons facing charge - Minimum five persons are required for forming unlawful assembly - Proceedings qua petitioners quashed...........
