Indian Penal Code, 1860, Section 302, 201, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Two extra judicial confessions - Acquittal of some co-accused but conviction of appellant - If such week piece of evidence of co-accused was not duly proved or found trustworthy for holding other co-accused guilty of committing..........
Indian Penal Code, 1860, Section 302 -- Murder - First and foremost aspect to be proved by prosecution is factum of homicidal death - If evidence of prosecution falls short of proof of homicidal death of deceased, and if possibility of suicidal death could not be ruled out, appellant-accused could not be convicted merely on the basis of theory of "Last seen together"...........
Indian Penal Code, 1860, Section 392, 398, Arms Act, 1959, Section 25 -- Offence u/ss 392, 398 IPC and S.25 of Arms Act - Disclosure statements - Entire case of prosecution is based on disclosure statements but prosecution has not been able to prove the same - These statements were never put to complainant and eye witness during cross-examination - Story put forward by..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 506, 509, 34 -- Offence u/ss 506, 509, 34 IPC - Discharge - Altercation - Beyond this nothing to show that there was any criminal intimidation or outraging of modesty - Accused rightly discharged...........
Indian Penal Code, 1860, Section 302 -- Murder - Single injury - There is no hard and fast rule that in case of single injury, provisions of S.302 IPC would not be attracted...........
Indian Penal Code, 1860, Section 34 -- Common intention - Essence of S.34 IPC is consensus of minds of persons participating in a criminal action to bring about a particular result...........
Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Common intention - Accused had given knife blow on neck of deceased which resulted into death of deceased on next day - Considering opinion of doctor, weapon used in committing offence and body part where knife blow was given, accused had intention to cause death while deceased was caught hold by two other accused -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 150 gms heroin - Reduction of sentence - Accused arrested on basis of disclosure statement of co-accused - Accused rightly convicted by trial Court as same is based on appreciation of prosecution evidence - However, since out of total sentence of 4 years R.I, accused has undergone 3 years 2..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 364A, 302, 201, 34 -- Interim bail - Cancellation - High Court while granting bail failed to notice crucial aspects which have a bearing on whether or not a case for exercise of jurisdiction to grant bail u/s 439 Cr.P.C was established - High Court also failed to note that crucial witnesses..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of defence evidence - Opportunity to adduce defence evidence was granted - No defence evidence was led and Court closed the defence evidence - Petitioner should have assigned reasons for not adducing defence evidence for consideration of Court - Criminal trial cannot be delayed without any..........
