Indian Penal Code, 1860, Section 302, 304A -- Nature of offence - Incident occurred in the dark night - Accused unable to visibly identify any human form ahead and fired from out of a zeal to scare the thieves which unfortunately hit the deceased - Fact that accused may be cautioned not to have shot because the risk existed of shot hitting to anybody who is present at the..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Reduction of sentence - Incident occurred long back in the year 1996 - Parties settled the matter - In view of conduct of accused in removing the injured to hospital soon after the incident, sentence of accused set aside - However, compensation of Rs.50,000/- as directed by High Court remains the..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Conduct of complainant creates a specific doubt on prosecution version, as delay of 26 days in submitting the application wherein allegations raised against accused for the first time and other family members are not explained - More so, complainant deposed before Court that relations between deceased..........
Indian Penal Code, 1860, Section 279, 337, 338 -- Rash and negligent driving - Accident occurred when vehicle/truck in question suddenly went off the road and fell into 150 feet deep gorge, as a result many people, travelling in the truck sustained injuries and some of them died on the spot - More than 80-90 people were travelling in the vehicle - All material witnesses..........
Evidence Act, 1872, Section 9 -- Test Identification parade (TIP) - Murder case - TIP of accused not conducted - Incident occurred in open field, where 150-160 villagers were present at the time of incident - It was thus, necessary for police to conduct TIP - Non-conducting of TIP by police caused prejudice to accused and creates serious lacuna in investigation...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Allegation that wife along with her paramour committed murder of her husband - Dead body of deceased recovered from well and at that time both the accused were present - Medical evidence does not refer to any external injury indicative of use of any external force to deceased - As regarding..........
Prevention of Food Adulteration Act, 1954, Section 16, 7 -- Misbranding of food articles - Vicarious liability of retailer - Retailer purchased misbranding food items from manufacturer without determining its purity and quality - Transmission in unbroken chain upto retailer, will make retailer and all those from whom such items got transmitted vicariously liable for..........
Indian Penal Code, 1860, Section 376(g), 392, 34 -- Gang rape - Testimony of prosecutrix - Prosecutrix contradicted herself regarding the whole incident - Her conduct during alleged ordeal is also unlike a victim of forcible rape and betrays somewhat submissive and consensual disposition - More so, from the nature of exchanges between her and accused persons as narrated by..........
Indian Penal Code, 1860, Section 302 -- Murder - Inquest report - Not necessary to mention name of accused in inquest report - However, when PW1 disclosed the name of accused in FIR and he himself was also a witness of inquest along with PW4, then natural conduct is that he should also tell the name of accused to I.O. - Such lapse creates doubt regarding prosecution case...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction to prosecute - Allegation of police excess while arresting complainant - Complainant by using dangerous weapon inflicted injury on forehead of journalist - When accused/police officer tried to arrest him he used same weapon for inflicting injuries on accused - Injuries were caused to complainant during..........
