Criminal Procedure Code, 1973, Section 154 -- FIR - Names of accused mentioned in FIR but not mentioned in inquest report - Held, if FIR had been prepared prior to inquest report then names would surely have been mentioned in the inquest report...........
Criminal Procedure Code, 1973, Section 157 -- FIR recorded on 0030 hrs. on 31.1.1994 - Not received by Magistrate till 3.30 p.m. on 31.1.1994 - It cannot be held that the conclusion reached by trial Court that the occurrence report could not have been sent earlier, as the same was yet to be prepared, is not possible...........
Criminal Procedure Code, 1973, Section 161 -- Delay in recording statement of a witness - PW2 was conscious through all the night and yet the statement not recorded at the initial stage - He became unconscious only at the time when general anesthesia was given to him at 11.40 a.m. the following day - Delay in recording statement of PW2 cannot be easily brushed aside...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Powers of appellate Court - An appellate court has full power to review, re-appreciate and reconsider the evidence upon which the order of acquittal is founded - Appellate court on the evidence before it may reach its own conclusion, both on questions of fact and of law - An appellate court must bear..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324 -- Compounding of offence punishable u/s 324 IPC - Offence was compoundable with permission of Court at the time of commission of offence - Parties allowed to compound the offence - Accused acquitted...........
Criminal Procedure Code, 1973, Section 378, 377 -- Appeal against acquittal - Competency of State Government to file appeal - Acquittal of accused persons when the case has been investigated by CBI - Legislature has maintained a mutually exclusive division in the matter of appeal from an order of acquittal in as much as the competent authority to appeal in two types of..........
Criminal Procedure Code, 1973, Section 378, 377 -- Appeal against acquittal - Competency of State Government to file appeal - Acquittal of accused persons when the case has been investigated by CBI - Legislature has maintained a mutually exclusive division in the matter of appeal from an order of acquittal in as much as the competent authority to appeal in two types of..........
Criminal Procedure Code, 1973, Section 154 -- FIR - In order for a message or communication to be qualified to be a First Information Report, there must be something in the nature of a complaint or accusation or at least some information of the crime given with the object of setting the police or criminal law into motion...........
Criminal Procedure Code, 1973, Section 154 -- FIR - A cryptic message recording an occurrence cannot be termed as a First Information Report - FIR need not contain the minutest details as to how the offence had taken place nor it is required to contain the names of the offenders or the witnesses - But it must at least contain some information about the crime committed as..........
Indian Penal Code, 1860, Section 494, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 494, 406 IPC - Quashing of charge sheet - Essential ceremonies of marriage whether gone into or not is a matter of trial...........
