Indian Penal Code, 1860, Section 304B, 498A, 302 -- Dowry death - Cruelty - Death due to kidney failure - Chemical Examiner's report that no common poison could be detected - No other injury detected during post mortem examination - Report of Chemical Examiner drawn by a series of analysis is an authentic piece of evidence to be relied upon in the absence of any eye..........
Indian Penal Code, 1860, Section 406, 467 -- Misappropriation of funds of Club - Allegation that accused by projecting himself as President of club operated bank accounts of club for personal use and misappropriated the funds of club - However, evidence on record shows that accused was fully entitled to operate the bank account and action performed by accused regarding..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25(1A) -- Attempt to murder - Appeal against acquittal - Acquittal upheld viz: (i) name of accused not mentioned by eye witness/brother of victim to Chief Medical Superintendent, despite knowing the accused; (ii) weapon of offence/pistol recovered from pocket of accused next day is improbable; (iii) weapon of..........
Service -- Departmental proceedings and criminal proceedings - Are two separate proceedings in law - Where enquiry held in departmental proceedings independently of criminal proceedings, acquittal in criminal Court is of no avail and departmental proceedings can still be held, as standard of proof required in domestic enquiry and that in criminal case are altogether..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court in case of acquittal is not required to rewrite judgment or to give fresh reasoning, when reasons assigned by Court are found to be just and proper...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 435 gms charas - Quantum of recovery - PW8 Inspector deposed that charas was weighed in electronic weighing machine which was issued by Govt. and was in I.O's kit - PW5 MHC specifically admitted that electronic weighing scale was not available in Police Station - In view of conflicting..........
Criminal trial -- Discrepancies - (a) Time of incident (b) Delay of four hours in registering case despite police reaching scene of occurrence immediately after the incident (c) Sketch showing change in place where incident took place, which is fatal to prosecution case - Acquittal - Calls for no interference...........
Limitation Act, 1963, Section 5, Criminal Procedure Code, 1973, Section 482, 378 -- Condonation of delay - Delay of 140 days in filing leave to appeal against acquittal - State failed to give reasonable explanation which caused delay in filing appeal - Application dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372, 378(4), 2(wa) -- Dishonour of cheque - Appeal against acquittal - Complainant not a victim in terms of S.2(wa) of the Code - Appeal u/s 372 proviso is not maintainable - Complainant must avail the remedy of appeal provided u/s 378(4) of the Code after obtaining special leave...........
Criminal Procedure Code, 1973, Section 41, 157 -- Arrest of accused during investigation - As per evidence on record, it does not show as to on what basis accused was arrested as neither he is named in FIR nor police having anything against him - Hence, his arrest without there being any evidence and without his being named in FIR will certainly entitle him benefit of..........
