Indian Penal Code, 1860, Section 392, 394, 302 -- Robbery and murder - Recovery of gold articles - Gold items were said to be pledged by A-1 to the jewellery shop of PW17 - PW17 stated that A-1 and A-3 had come to his jewellery shop for pledging gold articles - However, prosecution failed to prove that A-3 accompanied A-1 - Prosecution proved that A-1 committed murder of..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 477A, 120B -- Framing of charges - Offence u/ss 13(2), 13(1)(d) of P.C. Act and Ss.420, 477-A, 120-B IPC - There is no prima facie case for commission of offences alleged against petitioner - I.O failed to collect any clinching materials to proceed against petitioners and..........
Indian Penal Code, 1860, Section 218, 222, Evidence Act, 1872, Section 106 -- Offence u/ss 218, 222 IPC - Burden of proof - Accused being a police constable himself allowed under trial to escape from custody - Incident happened in a broad daylight in crowded Court compound, but none of PW has seen such incident, nor did anyone hear about it - However, accused developed a..........
Indian Penal Code, 1860, Section 325, 323, 34 -- Offence u/ss 325, 323, 34 IPC - Accused along with co-accused appeared on scene and they started beating informant and on alarm being raised, several persons arrived at the spot, whereupon they secured their escape good after threatening informant side - Co-accused died during pendency of appeal - Accused `K' was juvenile in..........
Criminal Procedure Code, 1973, Section 239 -- Discharge - Offence u/ss 420, 477-A, 120-B IPC and 13(2), 13(1)(d) PC Act - Merely because cements were not lifted from IDCOL godown or were not purchased from some of dealers of IDCOL cement, assumption drawn by informant and by I.O. that two suppliers supplied slag cements cannot be accepted particularly in absence of any..........
Indian Penal Code, 1860, Section 302, 392, 460 -- Robbery and murder - Circumstantial evidence - Recovery of articles at the instance of accused stands fortified by deposition of witnesses of recovery - Even, FSL report shows that blood-stains on weapon is blood group of deceased - Chain of circumstances stands established on basis of cogent evidence on record -..........
Indian Penal Code, 1860, Section 302, 392, 460 -- Robbery and murder - Broken lock not seized and no attempt made to ascertain whether keys recovered were that of broken lock or not - Said infirmity not fatal to prosecution case when conclusion arrived regarding guilt of accused on basis of circumstances established by unimpeachable evidence...........
Gujarat Agricultural Lands Ceiling Act, 1960, Section 6(3B) -- In order to claim benefit of S.6(3B) of the Act, test which must be satisfied is a two fold test:- (i) whether claimant's family consists of more than five persons; (ii) test that is required to be answered in favour of the person who claims the benefit of S.6(3B) of the Act is that such family must also..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased died unnatural death within 2 years of her marriage in her i, laws place - There is ample evidence that deceased was subjected to cruelty soon before her death in connection with demand of dowry - Statements of material witnesses corroborated prosecution version - Offence u/ss 304-B, 498-A IPC..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Reduction of sentence - Deceased left behind innocent dependent her daughter - Sentence requires modification - Sentence of accused reduced from life imprisonment u/s 304-B IPC to 10 years R.I with fine of Rs.10,000 and in default of payment of fine to further undergo imprisonment of 6 months - However,..........
