Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 4, 25 -- Murder - Prosecution story full of doubts - Benefit of reasonable doubt should be given to accused - Extra judicial confession - Witnesses of extra judicial confession do not support prosecution story - No motive to commit murder - Investigation not to the point - Conviction and sentence set aside -..........
Indian Penal Code, 1860, Section 302, 364, 201 -- Murder - Extra judicial confession - Death caused due to electric shock thereafter body was hanged on a tree - No explanation as to why fact of extra judicial confession was brought after three days of report by complainant himself - Moreover, confession was not voluntary but was borrowed by undertaking meetings of a group..........
Indian Penal Code, 1860, Section 304 -- Culpable homicide not amounting to murder - Quack - Death of 9 months old baby - Accused administered glucose IV fluid to victim without having qualification or knowledge to do so - Accused had no degree to practice as a medical practitioner - He was quack and committed fraud upon victim by posing himself as a doctor and administered..........
Indian Penal Code, 1860, Section 411 -- Receiving stolen property - To sustain conviction u/s 411 IPC, identity of property recovered from the possession of accused with the property stolen must be established...........
Indian Penal Code, 1860, Section 302, 325, 34 -- Murder - Commonality of intention to cause death is established as all accused had come armed with weapons and continued beating deceased even after he had fallen down on ground - Doctors described two temporal injuries on skull of deceased caused by blunt weapon which were sufficient to cause death - Delay in lodging FIR is..........
Prevention of Corruption Act, 1988, Section 7, 126, 13(2) -- Illegal gratification - Conviction - Validity - Accused allegedly accepted illegal gratification for release of nephew of complainant from police custody - Consistent version of complainant and two other witnesses that despite having received bribe amount by accused, nephew of complainant was not released - Also..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Appeal Against conviction - Accused acquitted - Case based on circumstantial evidence - Death of deceased was homicidal, he was killed in the house of accused - Women apparels were found between the legs of deceased but no investigation in relation to those was made - Blood stained mop & pant/t-shirt of accused were..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 54, 18 -- Recovery of opium weighing 12.500 kg - Search and seizure - Accused in his statement u/s 313 Cr.P.C did not offer any explanation at all for opium being found in his truck - No tampering with sample before it was analyzed in CRCL - Substance analyzed in laboratory was same which PW5 seized from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of opium - Notice - Contents of notice were duly explained to accused - Accused was clearly informed his right to be searched in presence of Magistrate or Gazetted officer - Held, there was due compliance of S.50 of Act - Conviction upheld...........
Indian Penal Code, 1860, Section 376, 511, Evidence Act, 1872, Section 32 -- Rape - Attempt - Dying declaration - Prosecutrix stated in her dying declaration that accused tried to rape her and after 20 days she was burnt by her mother-i, law - Incident of rape not disclosed to any body - Prosecutrix had first degree superficial burns involving whole body except back of..........
