Indian Penal Code, 1860, Section 324, 326 -- Offence u/ss 324, 326 IPC - Accused acquitted on the basis of statement of witnesses which did not inspire confidence and were not found to be trustworthy - Courts below came to conclusion by way of detailed and speaking order that prosecution has failed to prove charges against accused beyond reasonable doubt - No interference..........
Indian Penal Code, 1860, Section 302, 323, 324, 307, 148, 149, 506 -- Murder - Presence of mother of deceased on the spot of crime was not proved - None of eye witnesses were able to support prosecution case - Mother of deceased gave a completely different narration of events as compared to PW1 - She is thus, an interested witness and her evidence was not reliable - No..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 147, 148, 149 -- Murder - Overt acts of accused Nos.4 to 11 are different than that of accused Nos.1 to 3 - Case of accused Nos.4 to 11 is not comparable with case of accused Nos.1 to 3 - Moreover, findings recorded in respect of acquittal of accused Nos.4 to 11 are on appreciation of evidence on record and view..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, 324, 427, 34, Arms Act, 1959, Section 27 -- Quashing of proceedings - Offence u/ss 341, 323, 324, 427, 34 IPC and S.27 of Arms Act - Investigation is not yet complete against accused and final report is not yet filed - There is possibility of further evidence being gathered against..........
Indian Penal Code, 1860, Section 302, 324, 323, 34 -- Different places, as the scene of offence, described by different eye witnesses - Suppression of earlier FIR - All this reveals that prosecution wanted to suppress and has suppressed the real incident and culpability of real culprits - Acquittal calls for no interference...........
Indian Penal Code, 1860, Section 324, 379, Evidence Act, 1872, Section 9 -- Theft - Identity of accused - Accused allegedly assaulted car driver with iron rod and took away car belonging to informant - Statement of car driver recoded after 3-1/2 years of incident - Injured car driver categorically denied accused to be person who flew away car after assaulting him - No..........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 326, 324, 323, 34 -- Appeal against acquittal - Complainant party was not interested in lodging FIR and only after four days, they have decided to register FIR - Statement of doctor who conducted x-rays and MLRs of injured witnesses that possibility of self-inflicted injuries on all injured..........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 323, 324, 307, 506, 149 -- Appeal against acquittal - Victim stated that mob came there with muffled faces and they caused injuries to him but due to darkness and muffled faces of assailants, he could not identify accused and also deposed that he knew all accused present in Court but none of..........
Indian Penal Code, 1860, Section 354, 324 -- Outraging modesty of woman - Eye witnesses of occurrence not supported prosecution case and denied their presence on the spot of occurrence - Whole testimony of complainant becomes vulnerable, when other witnesses not supported prosecution case - Prosecution failed to prove guilt of accused conclusively and beyond reasonable..........
Indian Penal Code, 1860, Section 323, 324, 147, 148, 149 -- Offence u/ss 323, 324, 147, 148, 149 IPC - Marpeet by both sides admitted - Mere acquittal in cross-case is not determinative that accused of cross-case were not aggressor, as accused need not prove his case beyond all reasonable doubt - Accused had only to show by preponderance of probabilities that his plea of..........
