Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 299 -- Murder of wife by husband - Recording of evidence of complainant in the absence of accused - Appellant vanished from the crime scene and remained absconding for a period of nearly 10 years - Statement of complainant was recorded in proceedings u/s 299 Cr.P.C - Circumstances of motive, last..........
Criminal Procedure Code, 1973, Section 217 -- Alteration of charge - When charges are altered, opportunity must be given to both, prosecution and defence, to recall or re-examine witnesses in reference to such altered charges...........
Criminal Procedure Code, 1973, Section 217 -- Alteration of charge - When charges are altered by Court, reasons for the same must be recorded in the judgment...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Even if trial has abated against existing accused, there is no bar in summoning appellants and starting the trial afresh...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C can be exercised only when evidence is strong and reliable...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Deposition of PW1 is not sufficient enough to invoke extra-ordinary jurisdiction u/s 319 Cr.P.C to summon appellants, particularly when there are no other witnesses who have deposed against appellants - There is no documentary evidence that prosecution had collected against appellants - Even,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At the time of examining the prayer for quashing of criminal proceedings, Court exercising extra-ordinary jurisdiction can neither undertake to conduct a mini trial nor enter into appreciation of evidence of a particular case - Correctness or otherwise of allegations made in the complaint cannot be..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Summoning of accused - For summoning of an accused, prima facie case is to be made out on the basis of allegations in the complaint and pre-summoning evidence led by complainant...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 477A, 120B, 34 -- Quashing of order taking cognizance - Cheating - Allegation that accused manipulated the judicial processes and revenue records to illegally acquire government lands - Act of forgery was a deliberate attempt to circumvent the legal procedure - Nature and..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of second FIR - Second FIR lodged at place `U' on the basis of same allegations as in first FIR lodged at place `H' - Investigating agency at place `U' was well aware of the complaint on similar allegations being lodged at place `H' - Complainants had been misusing their official position by lodging complaints one..........
