Indian Penal Code, 1860, Section 304A, 279, 338 -- Rash and negligent driving - Panch witness/PW4 has not stated that driver of offending vehicle was driving vehicle in a rash and negligent manner at the time of accident - Other panch witness/PW5 not supported prosecution case - No oral and documentary evidence available on record that accused was driving the offending..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 376, 420, 406, 120B -- Quashing of proceedings - Victim and accused used to chat on facebook and with passage of time developed love and intimacy and with consent of family members their marriage was settled - But appellant refused to marry victim before wedding and victim consumed some..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 376, 420, 406, 120B -- Quashing of charge sheet - Any defence of accused which has yet to be placed before Trial Court cannot be examined - Stage of placing defence version does not arise at sage of charge sheet - Petition dismissed...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Last seen theory - Mother of deceased/PW25 is the main witness of last seen - She stated that she saw deceased with accused persons standing at the gate of her house - However, PW25 in her cross-examination when confronted with her statement u/s 161 Cr.P.C said that no such statement is..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Extra judicial confession - If extra judicial confession of accused is accepted, statement of last seen theory given by PW25 becomes difficult to be given credibility and if extra judicial confession is ignored, statement of PW25 appears to be an improvement only to develop last seen theory..........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - If testimony of eye witness relating to identity of accused inspires confidence in the mind of Court, absence of TIP by itself will not denigrate identification of accused in Court...........
Indian Penal Code, 1860, Section 394, 450 -- Offence u/ss 394, 450 IPC - Testimony of eye witnesses - Identification of accused - PW1 to PW3 identified the accused in Court and all of them stated that he was the one who had criminally trespassed into their house and attempted to commit theft and also inflicted serious injuries on them - PW1 even caught hold of accused in..........
Indian Penal Code, 1860, Section 394, 450 -- Offence u/ss 394, 450 IPC - Recovery of weapon of offence - Knife allegedly used by accused for inflicting injuries on eye witnesses was recovered based on statement given by accused - Accused has not seriously disputed recovery of knife or statement of accused, which led to recovery except for a vague question that no such..........
Indian Penal Code, 1860, Section 394, 450 -- Offence u/ss 394, 450 IPC - Accused had broken window of house and entered inside the middle of night and was searching inside the house with a lighter in order to commit theft - Injuries were inflicted on eye witnesses - Prosecution clearly established offence u/ss 394, 450 IPC - Considering injuries inflicted on neck of PW1,..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Non refuting satisfactorily from record the arguments raised by counsel for accused for grant of bail - Bail granted...........
