Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Accused are not named in FIR, but name of accused came in the light through evidence of chance witness - Evidence of PWs not fully reliable - Evidence on record would not lead to believe that accused could be only perpetrators of crime - Chain of circumstantial evidence is not complete and do..........
Partition -- Beneficiary of S.6 of Hindu Succession Act cannot claim a benefit by way of partition as regard to joint Family properties without reference to properties already received by her at the time of marriage as dowry/gift or otherwise...........
Indian Penal Code, 1860, Section 420 -- Cheating - Specific charge of forgery u/s 468 and 471 IPC is not proved - It is thus, difficult to prove consequential charge of cheating - Benefit of doubt thus, given to accused - Accused acquitted...........
Indian Penal Code, 1860, Section 364A -- Kidnapping for ransom - Material on record indicates complete failure on the part of PWs to identify the assailants - PW3 important witness of prosecution not supported the case of prosecution - Car that was used by accused not produced before trial Court at any stage - Nothing on record to establish that PW2 was in captivity of..........
Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25 -- Murder - Benefit of acquittal on parity basis - Cases of both co-accused and present accused stand on same footing - If after considering the matter, benefit is given to accused, similar benefit ought to be extended to co-accused - Co-accused acquitted...........
Service -- Freedom fighter' pension - Respondent not filed his claim promptly, as he claimed pension in 1982, whereas Freedom Fighter's Pension Scheme existed in the year 1972 amended in 1980 - Under the Scheme a person is eligible for benefit only if he remained underground for more than 6 months provided he was a proclaimed offender (PO) - There is no order by which..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Testimony of eye witnesses - Eye witnesses PW1 and PW2 stated that all the accused who were alleged to be wielding country made pistols had fired upon deceased - However, post mortem report indicates only one fire arm injury which is not consistent with the case of prosecution that all the accused had fired upon..........
Service -- Pension - Benefit of Apex Scale - Respondent retired from service in the year 2001 i.e much prior to coming into force of Amended Rules 2008 - Claim of respondent to get benefit of apex scale as per said Rules was thoroughly misconceived - Moreover, apex scale was fixed for upgraded post designated as Head of Forest Force and was to be filled up by way of..........
Service -- Dismissal - Misconduct - Accident due to drunken driving - Employee driving truck carrying P.A.C personnel under influence of alcohol proved - Such misconduct of driving vehicle under influence of alcohol and playing with life of others is a very serious misconduct - However, considering statement of employee that he consumed alcohol after accident with..........
Evidence Act, 1872, Section 102 -- Burden of proof - Gift deed - When a person obtains any benefit from another, Court would call upon person who wishes to maintain the right to gift to discharge burden of proving that he exerted no influence for purpose of obtaining the document...........
