Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 380, 411 -- Delay in lodging FIR - FIR lodged after lapse of about 15 hours from alleged time of incident - Explanation for such delay in lodging FIR is that informant had gone to some relative - Informant however, stated that he got FIR inscribed by one `S' at 4 P.M next day from the date of..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 397, 147, 148, 149 -- Cancellation of bail - Murder - Total 27 ante-mortem injuries found on the head of deceased - Cause of death was coma - Contention of accused that deceased fell from bike and sustained injuries which led to death rejected, as it is not for Court to assess in detail..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 397, 147, 148, 149 -- Cancellation of bail - Murder - Total 27 ante-mortem injuries found on the head of deceased - Cause of death was coma - Contention of accused that deceased fell from bike and sustained injuries which led to death rejected, as it is not for Court to assess in detail..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Ante-timed or ante-dated - Police officer who recorded FIR is required to be properly cross-examined as to on what basis defence pleads FIR to be ante-timed or ante-dated - If no such requirement of law is completed and no such proper cross-examination of witnesses is being done, it cannot be presumed that FIR is..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Murder case - Three hours delay in lodging FIR cannot be culled as unusual, particularly in view of fact that PW1 picked up deceased and took him on a bullet car and on the way to police station he could get tractor of one person and by the time deceased was shifted in the same he expired, PW1 might have..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- FIR - Murder case - Inquest report and recovery memo of dead body and seizure memo of clothes, did not bear FIR number - Sub-Inspector admitted that at the time of preparing these documents, FIR was not lodged - There was thus, overwriting in police proceedings of FIR number - It shows that..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 302, 394, 397, 34, Arms Act, 1959, Section 25(1)(B)(A) -- Solitary testimony of a child witness - Murder - Robbery - Child witness is 10 years old at the time of incident - He specifically and categorically stated as to how incident took place and manner in which A-1 opened gunshot on his father/deceased..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Murder - Circumstantial evidence - Accused had knowledge that in case the injuries are inflicted on person it may cause the death, even though injuries were simple in nature and not given by sharp edged weapon - However, cause of death as per doctor`s opinion was shock and haemorrhage due to injuries which..........
Agreement to sell -- Validity - Suit for specific performance - Plaintiff and defendant are closely related to each other - No payment was made by plaintiff at the time of execution of agreement to sell to defendant - Agreement was prepared later in point of time in order to cause loss to subsequent purchasers as stated by PW3 - Agreement is thus, is the result of..........
Indian Penal Code, 1860, Section 302, 392, 34 -- Murder and robbery - Medical evidence - Medical officer unambiguously opined that injury No.1 along with internal damage was sufficient to cause death of deceased in ordinary course of nature - From the nature of ante mortem injuries suffered by deceased as described in inquest Panchnama r/w post mortem report, it can be..........
