Indian Penal Code, 1860, Section 326, 506, 149 -- Offence u/ss 326, 506, 149 IPC - Specific role assigned to each accused, which is corroborated by statements of injured and medical evidence - Case against accused is fully established as there is specificity of name, injury attributed to accused and weapon used in crime - Weapons of offence were got recovered by accused -..........
Indian Penal Code, 1860, Section 326, 506, 149 -- Offence u/ss 326, 506, 149 IPC - Reduction of sentence - Main injury on the head of accused `L' was caused by accused who has since died - Role of other accused is not as serious as that of accused `L' - All accused had already undergone almost one year of their sentence - Since all accused had faced agony of protracted..........
Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Kidnapping and rape - Acquittal - Photographs on record indicate to be taken without any resistance of prosecutrix or threat from accused - Prosecutrix in those photographs is shown bearing marriage bangles and having vermilion on her forehead - Acquittal calls for no interference...........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Sole eye witness of incident assigned no role to accused `R' - Accused `R' neither present at the place of incident nor he assaulted deceased - Eye witness named all accused except accused `R' - Trial Court and High Court committed error by convicting accused `R' - Conviction & sentence set aside - Accused `R'..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Testimony of eye witness not reliable - Recovery of axe, spade and blood stained clothes not proved on record - Delay in filing FIR not satisfactorily explained - Information regarding dead bodies doubtful - Extra judicial confession also not reliable - Prosecution failed to proved its case..........
Indian Penal Code, 1860, Section 323, 325, 307, 149 -- Offence u/ss 323, 325, 307, 149 IPC - Testimony of complainant is replete with contradictions and is not supported by other witnesses - Complainant stated that his sister-i, law and his cousin also received injuries in the incident but these witnesses not examined by prosecution - PW2 not supported case of complainant..........
Indian Penal Code, 1860, Section 323, 325, 452 -- Offence u/ss 323, 325, 452 IPC - Cross case - Accused allegedly gave several blows of lathis and dandas to PW2 - However, PW2 received only three injuries in the incident - Doctor opined that two injuries sustained by PW2 were abrasions and third was complaint of pain - If all the accused had given several blows to PW2 as..........
Indian Penal Code, 1860, Section 376, 506 -- Reduction in sentence - Rape - Accused convicted and sentence for 10 years and 1 year with default clause - Neither trial Court nor High Court has given indication for award of 10 years u/s 376 IPC - Ends of justice would be met by limiting sentence to prescribed minimum - Therefore, sentence u/s 376 IPC modified to prescribed..........
Indian Penal Code, 1860, Section 304B -- Dowry death - S.304-B IPC does not categorise death as homicidal or suicidal or accidental - As death, homicidal or suicidal or accidental, whether caused by burns or by bodily injury or occurring otherwise than under normal circumstances shall be called as dowry death...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Where all the ingredients of S.304-B IPC are attracted, Court shall presume that accused had caused dowry death - However, it is open to accused to adduce such evidence for disproving such conclusive presumption as burden is unmistakably on him to do so and he can..........
