Criminal Procedure Code, 1973, Section 439(2), 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cancellation of anticipatory bail - Accused not coming to Court with clean hands as he concealed fact of seven criminal antecedents of him - He has played fraud in obtaining the judgment as enunciated in S.44 of Evidence Act - Order granting anticipatory bail set..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 9 -- Murder - Test Identification Parade (TIP) - Instead of holding TIP, PW6 was called to office of Superintendent of Police and accused was shown to him in the office - Identification of accused by PW6 in Court is not free from reasonable doubt, as it becomes very doubtful as accused was shown to..........
Indian Penal Code, 1860, Section 419, 465, 120B -- Cheating - Quashing of proceedings - Civil dispute - Entire allegations made in the complaint pertain to civil dispute and civil proceedings are actively under consideration before respective civil Courts - Except the allegation that petitioners are close relatives of A-3, no other specific allegation was made against..........
Indian Penal Code, 1860, Section 201, Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge from Ss.302, 148, 149 IPC to Ss.302, 34 IPC in the absence of advocate of accused - Grave prejudice caused to appellant - No evidence of common intention - Only act of stopping deceased will not by itself bring the case within purview of S.34 IPC - Conviction..........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Last seen theory - Testimony of last seen witnesses/PW3 and PW4 not acceptable, as there was delay in recording their statement by I.O - There is no reference of last seen evidence of PW3 and PW4 in the first statement of informant - Moreover, PW3 is closely related to..........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Last seen theory - Testimony of last seen witnesses/PW3 and PW4 not acceptable, as there was delay in recording their statement by I.O - There is no reference of last seen evidence of PW3 and PW4 in the first statement of informant - Moreover, PW3 is closely related to..........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Recovery of slippers of deceased at the instance of accused - Admittedly, there is no disclosure statement of accused with regard to place at which slippers had been kept by them and its absence, recovery itself would loose much of its sheen - Moreover, recovery effected..........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Recovery of slippers of deceased at the instance of accused - Admittedly, there is no disclosure statement of accused with regard to place at which slippers had been kept by them and its absence, recovery itself would loose much of its sheen - Moreover, recovery effected..........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Motive of crime not established - Once testimony of last seen and recovery is discarded, there remains no other evidence on record to establish the chain of events to implicate the accused - Guilt of accused not proved - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Motive of crime not established - Once testimony of last seen and recovery is discarded, there remains no other evidence on record to establish the chain of events to implicate the accused - Guilt of accused not proved - Conviction and sentence set aside...........
