Indian Penal Code, 1860, Section 302, 34, 120B -- Murder - Circumstantial evidence - Last seen theory - PWs stated that prior to point of last seen, deceased was constantly in the company of A-1 - PW3 and PW4 are persons who lastly saw deceased alive on 9.4.1987 and they categorically deposed that they had seen deceased along with accused persons - Deposition of PW3 and..........
Indian Penal Code, 1860, Section 302, 34, 120B, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Deceased was having affair with sister of A-1 and that is why accused allegedly murdered deceased - However, none of witnesses have specifically deposed about deceased having an affair with sister of A-1 - Motive as alleged does not find..........
Indian Penal Code, 1860, Section 302, 34, 120B -- Murder - Circumstantial evidence - False information provided by A-1 to PWs after the incident regarding whereabouts of deceased - Said information was an attempt to hide his guilt by de-railing search efforts that were being conducted - A-2 thereafter absconded and surrendered before Court only after coercive measures were..........
Indian Penal Code, 1860, Section 302, 34, 120B -- Murder - Circumstantial evidence - No motive alleged or proved which would swayed A-2 to commit murder of deceased - Even, prosecution has led no evidence that there was any meeting of mind between A-1 and A-2 or that they hatched any conspiracy together to commit murder of deceased - None of articles recovered have been..........
Indian Penal Code, 1860, Section 304B, 34 -- Dowry death - Allegation against brother-in-law - No specific allegation with regard to demand of dowry or harassment in pursuance of said demand against accused - Accused is elder brother of husband of deceased - Husband, father-in-law and mother-in-law of deceased have already died - Alleged letter demanding dowry was written..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468 -- Quashing of FIR - Compromise - Cheating - Compromise with a person who is not competent to compound the offence u/s 420 IPC as he is not a person cheated and remaining offences u/ss 467 & 468 IPC are not compoundable - Moreover, grounds raised in petition for quashing already..........
Indian Penal Code, 1860, Section 193 -- False evidence - Order to prosecute without recording finding regarding deliberate or intentional falsehood - Cannot be sustained...........
Indian Penal Code, 1860, Section 193 -- False evidence - No intentional falsehood uttered - The other relevant fact is that Returning Officer refused to receive nomination paper - However non acceptance as alleged, if a deliberate action, with a specific purpose, neither pleaded nor proved in the course of proceedings so as to penalise the appellant - Further, there is no..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 326, 324, 323, 341, 201, 218, 120B, Arms Act, 1959, Section 25, 27 -- Anticipatory bail - Attempt to murder - Accused was not named in the FIR - He was summoned only on basis of 4th Supplementary Report - However, charge sheet and 4th Supplementary Report no longer exist - Now, there is fresh..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 452, 354 -- Benefit of probation - Offence u/ss 452, 354 IPC - Case registered against accused about 28 years ago - Accused convicted in Jan 2000 - Conviction against accused neither involved life sentence nor punishable more than 7 years imprisonment - Accused remained in detention for about 12..........
