Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 50 -- Accused travelling in bus carrying two brief cases - Search of brief cases let to recovery of ganja - Admittedly both brief cases belonged to accused and thus he was in conscious possession of contraband - S.50 of the Act not attracted as recovery was effected not from personal search of..........
Indian Penal Code, 1860, Section 302,34 -- Murder case - Accused allegedly killed deceased with kappa, lathi and gohta (heavy stick) - Deceased was having illicit relation with wife of one of accused - Independent witness not examined and minor contradictions found in medical evidence and ocular version - Accused also failed to explain how injuries came to be found on body..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 362 -- Payment of compensation/fine - Enlargement of time after final disposal of case - Held, enlargement of time for payment of compensation/fine, without having the effect of altering the conviction or sentence, would not be offending to S.362 of the Code...........
Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Deceased died within seven months of her marriage - Prosecution story that she was set ablaze after pouring kerosene oil as dowry demand not met - PW1 not a reliable witness as his statement irreconcilable on all major facts - Deposition of parents of deceased also not reliable as it..........
Indian Penal Code, 1860, Section 302, 304 -- Part II - Nature of offence - Minor scuffle - Thereafter respondent No.1 alongwith others went home and came back armed with a farsa and allegedly caused death of deceased by giving repeated blows on the vital part - Held, there was some amount of pre-mediation on the part of respondent No.1 when he had gone to his house and..........
Indian Penal Code, 1860, Section 364A -- Kidnapping for ransom - Accused kidnapped minor for ransom - Deposition of witness that victim had gone missing from his house and was kidnapped remained unshaken when tested on anvil of cross-examination - No motive assigned to father of child for framing accused persons, when cross-examined by defence - No explanation furnished by..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9 -- Murder - Proof - Appellant had caused vital blows on person of deceased - Appellant was seen at time of occurrence with help of torch light - There was also sufficient light coming out from one of the rooms where bulb was lit by PW4 - Injuries caused on person of deceased stand proved from evidence of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 34 -- Murder - 2 dying declarations - Credibility and truthfulness of dying declaration - In dying declaration not only the names but the avocation and even residential address of accused has been given with precision - Dying declaration was recorded when victim was fully mentally conscious - Therefore,..........
Evidence Act, 1872, Section 7 -- Culpable Homicide - Indian Penal Code, S. 302 - Death by strangulation - Last seen evidence - Accused and deceased were last seen together by three independent witnesses - Nothing to discredit their evidence - Recovery of blood stained clothes of deceased at the instance of accused - Prosecution proved its case beyond reasonable doubt -..........
Indian Penal Code, 1860, Section 300 -- Murder - Extra-judicial confession - Conviction - Held, confession can be relied on and conviction can also be founded thereon if evidence about confession comes from mouth of witnesses who appear to be unbiased, not even remotely inimical to the accused and in respect of whom nothing is brought out which may tend to indicate that..........
