Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 379, 511, 201, 34 -- Quashing of proceedings - Offence u/ss 304, 379, 511, 201, 34 IPC - Petitioner had been arrested and released on bail during investigation - NBW was issued against petitioner, as he did not appear in case on a subsequent date - Petitioner remained at large for 10 years -..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Injured witness/PW2 gave statement contrary to FIR - Testimony of injured witness is not reliable - PW2 did not know the name of father of deceased but in FIR name of father of deceased was written which was result of handiwork of police - No explanation as to why dead body of deceased reached from Najibabad to..........
Indian Penal Code, 1860, Section 363, 376, 114, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 5L, 6, 17 -- Kidnapping and rape - Abetment of offence - Accused neither aided the commission of offence employed, harboured nor transported the child by coercion by aiding the commission of crime - He was not even present during the commission of offence..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 406, 34 -- Dishonour of cheque - Transfer of two complaints to one Court for simultaneous disposal - Transfer of complaint from Exclusive Court to any other Court or to transfer trial arising out of FIR registered u/ss 420, 406, 34 IPC to Exclusive Court u/s 138 of the N.I. Act is not..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on basis of adverse possession - Defendants filed counter claim seeking relief of possession - Plaintiff failed to prove acquisition of title over suit land by way of adverse possession - True owners were within their right to claim possession of suit land from plaintiff on basis of their title -..........
Drugs and Cosmetics Act, 1940, Section 27(b), (d), 18(a), (c), 34 -- Offence u/ss 27(b),(d), 18(a),(c) of the Act - Offence by Company - No averment to the effect that petitioners are looking into day to day affairs of company - In the absence of any averment to that effect vicarious liability upon petitioners are not liable to be fastened upon them - Proceedings quashed...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Two dying declarations - Contradictions in two dying declarations with regard to presence of relatives - Magistrate did not specifically ask deceased about her condition in her Dying declaration recorded by him - Both the children of deceased were present at the time of incident but none..........
Indian Penal Code, 1860, Section 302, 498A, 201, 34 -- Murder - Circumstantial evidence - Motive of crime not proved - Prosecution has heavily relied upon the deposition of witness who was under the influence of first informant - Merely because certain witnesses have stated in their deposition that they had seen some persons loitering around the place where dead body of..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Last seen evidence - Prosecution has established that deceased and accused left the house of PW5 together and soon thereafter death of deceased had occurred - Burden to show as to what happened after leaving house would shift on accused in view of S.106 of Evidence Act - However, accused have utterly failed..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Death sentence - Accused persons have no criminal antecedents - They have not acted in a brutal manner, inasmuch as there is only single injury inflicted on both the deceased - Case cannot be considered to be rarest of rare case - Capital sentence commuted to life imprisonment...........
