Indian Penal Code, 1860, Section 302, 34 -- Murder - Physical presence of accused at the site of actual commission of crime and deposition of independent witnesses about their role, clearly establishes that it was for purpose of facilitating offence - Consistent testimony of all eye witnesses was clear that accused were part of attack, they played an active role in..........
Indian Penal Code, 1860, Section 302, 323, 324, 34 -- Murder - Common intention - Accused was not attributed presence and participation in quarrel and scuffle between co-accused and deceased as per eye witness version - Even, it cannot be said with certainty that accused shared common intention with co-accused to commit murder of deceased or accused had done something `in..........
Indian Penal Code, 1860, Section 452, 342, 436, 307, 506, 201, 34 -- Offence u/ss 452, 342, 436, 307, 506, 201, 34 IPC - Bail - Both the accused seen in CCTV camera - However, report of FSL, if perused, clearly reveals that nothing substantial could be seen in the CCTV camera - Moreover, motive attributed to accused is too bleak to conclude complicity of accused in the..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Quashing of proceedings - Complaint/FIR/charge sheet disclosing commission of offence - Simply because there is remedy provided for breach of contract or arbitral proceedings initiated at the instance of appellant, that does not by itself clothe the Court to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 34 -- Quashing of proceedings - Cheating - Dispute as to agreement to sell executed between parties - Ingredients of offences in question cannot be said to be absent on basis of allegations in FIR/complaint/charge sheet - Though FIR/charge sheet indeed reveal commercial transaction but..........
Customs Act, 1962, Section 28(4), 2(34) -- Recovery of duty not paid - Proper officer - Additional Director General of DRI is not `proper person' to exercise power u/s 28(4) of the Act, particularly when goods have been cleared for import by Deputy Commissioner of Customs who decided the goods are exempted, as re-assessment and recovery of duties is by same authority and..........
Indian Penal Code, 1860, Section 306, 498A, 34 -- Abetment of suicide - Cruelty - Deceased committed suicide by pouring kerosene oil and setting herself ablaze - However, there is no satisfactory evidence to prove that accused have caused physical and mental harassment - Contradictions in evidence of PW1, PW2 and PW10 - Evidence placed on record is short of required..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Medical evidence - Doctor who conducted post mortem could not give a definite opinion with regard to cause of death - He had taken the viscera and sent it to analysis to FSL - However, subsequently doctor claimed that cause of death was injuries to brain and deceased had died in coma - Medical evidence is thus, on..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Testimony of eye witnesses - Four persons were examined as eye witnesses - They all maintained a studied silence about incident for over two weeks to almost a month - Only explanation given by them is that since they were threatened by accused that he would finish them also, they kept quiet - Despite the fact that..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Place where dead body was discovered is shrouded in mystery - Inquest report shows that dead body was found hanging on a slope - However, according to PW1, when he reached the spot, he found dead body of his brother/deceased was buried under stones - Place and condition in which dead body was recovered is enigmatic...........
