Indian Penal Code, 1860, Section 302, 498A, 201, 34 -- Murder - Circumstantial evidence - Motive of crime not proved - Prosecution has heavily relied upon the deposition of witness who was under the influence of first informant - Merely because certain witnesses have stated in their deposition that they had seen some persons loitering around the place where dead body of..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Last seen evidence - Prosecution has established that deceased and accused left the house of PW5 together and soon thereafter death of deceased had occurred - Burden to show as to what happened after leaving house would shift on accused in view of S.106 of Evidence Act - However, accused have utterly failed..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Death sentence - Accused persons have no criminal antecedents - They have not acted in a brutal manner, inasmuch as there is only single injury inflicted on both the deceased - Case cannot be considered to be rarest of rare case - Capital sentence commuted to life imprisonment...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Averments and allegations made in the complaint do not constitute offence u/s 420 IPC - Ingredients for offence of cheating are not at all satisfied - Proceedings quashed...........
Indian Penal Code, 1860, Section 465, 466, 467, 468, 471 -- Offence u/ss 465, 466, 467, 468, 471 IPC - Quashing of proceedings - No false document has been produced - Making a false claim and creating and producing false document both are different and distinct - Even assuming complaint averments to be true, same do not make out ingredients of offences in question -..........
Indian Penal Code, 1860, Section 302, 201, Dowry Prohibition Act, 1961, Section 3, 4 -- Murder - Demand of dowry - Circumstantial evidence - Version of FIR is different version which was taken by informant and his son - PWs gave contradictory statements - Recovery of articles was a sham recovery - Motive of crime not established - Prosecution failed to prove its case..........
Indian Penal Code, 1860, Section 420, 441, 447, 427, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Dispute regarding title over property in question - It is for civil Court to decide who has title over said property - Police cannot decide rightful owner when two parties are claiming ownership tracing back to very same vendor/seller of property - Case..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Reduction of sentence - Offence committed in the year 1985 - Accused was aged about 25 years and now he is 63 years old - He has been facing the agony of criminal case for last about 38 years - Accused has remained in custody for a period of about 16 days in all - Sentence awarded to accused reduced to period..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - PW6 stated that deceased came to police camp in injured condition and told them accused persons assaulted him - However, PW7 stated that victim had only named accused `B' - Police officers are disinterested witnesses - However, their version with regard to the..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - When truth is set up as a defence, it must be extent to entire libel and it is not sufficient that only a part of libel is proved to be true...........
