Indian Penal Code, 1860, Section 364, 302, 201, 34, 120B, Evidence Act, 1872, Section 27 -- Kidnapping - Murder - Discovery of fact - There is no evidence on record regarding blood group or fact that blood stains belonged to blood group of deceased - Even, recovery itself is doubtful - Therefore, merely in absence of evidence regarding blood group will not make case of..........
Indian Penal Code, 1860, Section 364, 302, 201, 34, 120B -- Kidnapping - Murder - Criminal conspiracy - Admittedly, accused No.3 was present at relevant time in house of accused No.1 - Even, accused No.3 was also seen while loading gunny bag in vehicle and thereafter, he was also travelling in said vehicle - Therefore, prosecution leaves no doubt about involvement of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 143, 341, 323, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(x) of SC/ST Act and Ss.143, 341, 323 IPC - Quashing of FIR - Incident took place in the night at riverbed - Complainant himself stated that no other person witnessed the..........
Indian Penal Code, 1860, Section 500 -- Defamation - Accused allegedly made imputation that complainant a married man had developed intimacy with one lady and used to go to her room and spend night with her - However, evidence on record shows that such imputation was an untrue one and maliciously made by complainant himself to malign accused - Such imputation is thus..........
Civil Procedure Code, 1908, Order 6, Rule 4, Indian Contract Act, 1872, Section 17 -- Fraud - It must be proved and not merely alleged and inferred - A mere concealment or non disclosure without intent to deceive or a bald allegation of fraud without proof and intent to deceive does not render a decree obtained by a party as fraudulent...........
Labour -- Regularization - Daily wage employees in boarder areas as porters in Army - Nature of work which rendered by porters engaged as casual labour by Army is not in dispute - They belong to poor strata of society and provide valuable support to Indian Army - Taking into account the background of case, though direction cannot be issued to Union Government for..........
Indian Penal Code, 1860, Section 302, 148, 149, 201, Evidence Act, 1872, Section 27 -- Double murder - Disclosure statement - Recovery of ashes and bones - Merely because no expert opinion obtained to prove as to whether bones recovered were human or animal bones, would not weaken the prosecution case in the light of overwhelming evidence available on record to prove the..........
Indian Penal Code, 1860, Section 302, 148, 149, 201, Evidence Act, 1872, Section 27 -- Double murder - Disclosure statement - Recovery of articles - Contention that said recovery on the disclosure statement of accused and in particular the ashes and bones from canal is not possible - However, there is no evidence to prove the fact that canal from where recovery was..........
Indian Penal Code, 1860, Section 302, 148, 149, 201 -- Double murder - Non-examination of independent witness - Not fatal to prosecution case as: (i) no such argument was advanced before two Courts below; (ii) incident took place during midnight when villagers were fast sleep; (iii) no evidence that near the place of incident there were many houses; and (iv) weapon of..........
Indian Penal Code, 1860, Section 302, 148, 149, 201 -- Double murder - Appeal against conviction - Supreme Court being last Court of appeal, does not re-visit and re-appreciate the entire oral evidence de novo in its jurisdiction u/art.136 of Constitution, unless there are strong and prima facie reasons to point out that there is apparent legal and jurisdictional error..........
