Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder - FIR lodged against unknown persons and no eye witness named - Alleged eye witnesses have come through affidavits that too after about eight days - Even, the correctness of affidavits was denied by giving contradictory stand - No empty cartridge recovered from the spot - Categorical finding was..........
Indian Penal Code, 1860, Section 302, 304(Part I), 304(Part II) -- Nature of offence - Accused gave several blows/multiple blows on the vital part of body/head which resulted into grievous injuries and he used Phakadiyat with such a force which resulted in skull fracture and a frontal wound on left side and wounds with 34 stitches on the left side of the skull extended..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 394, 323, 34 -- Suspension of sentence during pendency of appeal - Murder - Accused has already suffered incarceration of more than 20 years - Even, jail authorities after considering conduct of accused have recommended premature release/remission of sentence - Issue is now pending before..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 494, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Disputed questions of fact arising in case cannot be adjudicated upon in an application u/s 482 Cr.P.C - Application for quashing dismissed...........
Indian Penal Code, 1860, Section 448, 354, 506 -- Offence u/ss 448, 354, 506 IPC - Evidence of all PWs is cogent, reliable and trustworthy - However, trial Court committed an error in not considering the evidence of PWs in correct prospective though evidence of PWs were corroborating with each other - Accused acquitted on some minor inconsistencies which were not fatal to..........
Indian Penal Code, 1860, Section 363, 376D, 377, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Criminal Procedure Code, 1973, Section 227 -- Kidnapping and rape - Discharge - Police investigated the matter and recorded the statement of witnesses including victim and after collection of evidence and conclusion of investigation submitted charge sheet..........
Indian Penal Code, 1860, Section 364A -- Kidnapping for ransom - Material on record indicates complete failure on the part of PWs to identify the assailants - PW3 important witness of prosecution not supported the case of prosecution - Car that was used by accused not produced before trial Court at any stage - Nothing on record to establish that PW2 was in captivity of..........
Indian Penal Code, 1860, Section 307, 336, 452, 148, 149, Arms Act, 1959, Section 25, 27, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Quashing of FIR - Compromise arrived at between parties - However, reasons mentioned for compromise are not valid reasons for entering into compromise - Complainant made statement on oath in which he simply stated that..........
Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25 -- Murder - Identification of accused - PWs not aware of identity of assailants - Their source of information is rumors on basis of which an assertion about identity of accused is made in FIR - No test identification parade is conducted - Box identification by witnesses for first time in Court in the..........
Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25 -- Murder - Subsidiary evidence regarding recovery, which in the absence of substantive evidence by itself would not be sufficient - Accused acquitted...........
