Service -- Termination - On account of involvement in a criminal case - Acquittal on ground of benefit of doubt - Employee is entitled to all service benefits including continuity of service, except any back wages...........
Indian Penal Code, 1860, Section 302, 324, 148 -- Murder - No eye witness to the incident - Father of deceased who witnessed the incident expired before completion of trial - PW3 an alleged witness rightly discarded by High Court as a planted witness - Testimony of only other witness PW7 is extremely indirect - No evidence on record that accused assaulted deceased and..........
Indian Penal Code, 1860, Section 302, 324, 326, 147, 149 -- Murder - All the five eye witnesses have named A1 to A7 - Other accused have not been named by PW11 and PW18 - PW10 attributed specific role only to A1 to A7 in assaulting deceased - Conviction of A1 to A7 upheld - However, benefit of doubt given to A10 and A11, as they have not been named by PWs...........
Criminal trial -- Suspicion, howsoever grave, cannot take place of proof and in a situation where a reasonable doubt is entertained in the backdrop of evidence available, to prevent miscarriage of justice, benefit of doubt is to be extended to accused...........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Allegation that husband committed murder of his wife by first strangulating her with nylon rope and then by hanging her from the hook of roof of service area by using a saree as a ligature - However, medical evidence does not support ocular evidence - Evidence of eye witnesses when considered with..........
Indian Penal Code, 1860, Section 302, 325 -- Nature of offence - Death of seven years old girl on account of beating by accused - Injuries which were caused by accused on the day of incident were either on skull or hand or thumb - None of injuries could reasonably lead to conclude that said injuries caused asphyxia as deposed by Doctor - Liability of accused in such a..........
Service -- Re-instatement - Acquittal in criminal case - Accused acquitted by granting benefit of doubt - He cannot seek for reinstatement and consequential benefits - However, if employee is honourably acquitted can make a claim for reinstatement...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Appeal against acquittal - Accused demanded gratification of Rs.500 from complainant for forwarding a favorable enquiry report - However, it is not satisfactorily proved as to how currency notes reached in the pocket of accused - It is also not proved that colour of currency notes did..........
Indian Penal Code, 1860, Section 308, 34 -- Attempt to commit culpable homicide - Free fight between parties - Both the parties received injuries - However, prosecution suppressed the genesis and origin of occurrence and also failed to explain injuries on the accused including death of father of accused - Adverse inference must be drawn against prosecution for not offering..........
Indian Penal Code, 1860, Section 302, 307, 120B, 34, Evidence Act, 1872, Section 9 -- Murder - Test Identification parade (TIP) - First TIP conducted after about 1-1/2 months of incident - Second TIP was conducted after more than a year of incident - It is doubtful whether eye-witnesses could have remembered the faces of accused after such a long period - Though incident..........
