Indian Penal Code, 1860, Section 376(2)(g), 34 -- Gang rape of minor girl - Common intention - Both accused entered house, forcibly dragged prosecutrix out and when accused was committing rape upon prosecutrix co-accused `M' was guarding the area - Though co-accused `M' has not committed rape but by virtue of S.376(2)(g) IPC he is guilty of offence as he has accompanied..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of knife from accused cannot be considered unreliable on account of no, joining of any independent witnesses during seizure...........
Indian Penal Code, 1860, Section 302 -- Murder - Merely because seizure memo of key was not signed by PW5 or any independent witness, recovery of said key cannot said to be tainted...........
Indian Penal Code, 1860, Section 302 -- Murder - Last seen theory - Basis of conviction - When time gap between point of time when accused and deceased were last seen alive and deceased is found dead, is so small that possibility of any other person other than accused being author of crime becomes impossible...........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Circumstantial evidence - Last seen theory - Death caused by stabbing knife - Accused has occasion to commit crime as deceased was residing with him in the same house - More so, they were last seen together before crime was committed - Medical and scientific evidence adduced by prosecution clearly..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Motive - Absence of motive will put Court on its guard and scrutinize evidence very closely in order to ensure suspicion, emotion or conjecture, do not take place of proof...........
Indian Penal Code, 1860, Section 228, Employee's Provident Funds and Miscellaneous Provisions Act, 1952, Section 7A -- Offence u/s 228 IPC committed during the proceedings u/s 7-A of 1952 Act - Said proceedings are deemed to be a judicial proceeding within the meaning of Ss.193, 228 Cr.P.C. - Complaint u/s 228 IPC held, maintainable...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of weapon - Only incident connecting accused is recovery of weapon at the instance of accused - But said recovery is from house belonging to PWs also and was from a known place, known to all - Medical evidence does not support prosecution story - Testimony of PWs shows that they were not..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred without premeditation after sudden altercation between parties which resulted in fatal mishap - There was exchange of words between accused and deceased which led to a scuffle over use of motorcycle - No prior enmity between parties - One fatal injury inflicted - Accused did not take..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 304B, 406 -- Bail - Cruelty - Dowry death - Deceased has tendency to commit suicide, as prior to present incident, deceased attempted to commit suicide - However, deceased denied demand of dowry in her statement recorded in that case - Thereafter, deceased levelled allegations regarding..........
