Indian Penal Code, 1860, Section 302, 376, Criminal Procedure Code, 1973, Section 156 -- Defective Investigation - Offence u/ss 302, 376 IP - Accused may not be acquitted on minor lapses by police in conducting investigation - Moreover, it is almost impossible to come across a single case where investigation is completely flawless or absolutely foolproof...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused acquitted by giving benefit doubt - Accused is entitled to get benefit of only reasonable doubt i.e. doubt which by rational thinking man will reasonably, honestly and conscientiously entertain and not the doubt of vacillating mind that has no moral courage and prefers to take shelter itself in a vain and idle..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 272, 273, 34, Drugs and Cosmetics Act, 1940, Section 27(b)(ii), 28, 36AC, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(C) -- Bail - Recovery of 4000 bottles of Corex Cough syrup containing codeine - Though Central Government by its notification prohibit the manufacture,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 307, 120B, Explosive Substances Act, 1908, Section 3, 4 -- Application for removal of name of accused from charge sheet - Beant Singh Murder case - Merely because period of 22 years elapsed after the incident and accused succeeded in avoiding his arrest for a considerable long period, is no..........
Indian Penal Code, 1860, Section 394, 302, 343, 210, 218, 120B -- Robbery and murder - Delay of 1 year and 4 months in reporting incident by PW6 to I.O - Evidence on record shows that PW6 was spared by A-1 to A-3 only on assurance that he will not reveal about incident to anybody - It was only after CBI took up the investigation and PW6 mustered strength to approach I.O..........
Indian Penal Code, 1860, Section 394, 302, 343, 210, 218, 120B -- Robbery and murder - Cause of death is asphyxia - A-1 to A-3 caused injury to deceased and thereafter dragged and dumped him into bushes besides the road - Evidence on record shows that A-1 to A-3 tried to cover up their crime by filing closure report that death of deceased was due to accident - Medical..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Deceased died due to head injury which is not attributable to any of accused - Doctor opined that there is no injury to deceased by sharp edged weapon on head or any part of body of deceased - Moreover, there is no evidence on record to show, who caused injury on head of deceased - Even otherwise, there is no specific..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of order framing charges - Offence u/ss 420, 467, 468, 471, 120-B IPC - Role of petitioner is not described in basic Istagasa (Complaint) - Petitioner was an Advocate and merely identified the documents in question - Even complainant himself has not alleged..........
Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 302 -- Compensation - Defective investigation - Murder case - Accused suffered agony of facing criminal prosecution for a period of 20 years for committing the murder of a man who was later on found alive - I.O after knowing the said fact investigated the case from 1996 to 2006 and has shown utter..........
Criminal Procedure Code, 1973, Section 156, 190, Indian Penal Code, 1860, Section 498A, 406, 354, 506, 34 -- Application u/s 156(3) Cr.P.C. for offence u/s 498-A, 406, 354, 506, 34 IPC - Magistrate taking cognizance and adjourning case for pre-summoning evidence instead of issuing direction to police to register FIR - Ground for such order as : (a) Allegation of cruelty..........
