Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 198, 2(d) -- Bigamy - Aggrieved person - FIR was filed by uncle of applicant and cognizance is taken on police report submitted by I.O - Neither I.O nor uncle of applicant can be termed as aggrieved person in view of S.198 Cr.P.C - They cannot also be treated as complainant, because no statement..........
Indian Penal Code, 1860, Section 376(2)(i), 341, 323 -- Rape - Prosecutrix claimed that she was raped in the field which was recently watered and was slushy - If that fact was true, there would certainly have been mud stains on salwar of prosecutrix - However, I.O claims that salwar had mud on it, but admitted that said fact was not recorded by him in seizure memo - FSL..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Presence of five accused in attack is proved on record - Acquittal of accused u/s 147 IPC though irregular, will not vitiate conviction u/ss 302, 149 IPC...........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 32 -- Dying declaration - Murder - Son of deceased informed police/PW1 about the attack upon his father - Compliant was given by deceased to Sub-Inspector of Police in which names and overt acts of attacker clearly set out - Motive of occurrence also narrated - Immediately thereafter, deceased told..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 3 -- Murder - Child witness - Credibility - Accused/wife alongwith her lover killed her husband with axe and hammer - Only eye-witness was his minor daughter - Evidence of child witness found to be doubtful and contradictory - Her evidence not corroborated by medical evidence - Recovered articles not..........
Criminal Procedure Code, 1973, Section 82, Indian Penal Code, 1860, Section 341, 323, 34 -- Proclaimed offender - Offence u/ss 341, 323, 34 IPC - Petitioner was abroad when he was summoned with the aid of S.319 Cr.P.C - It was not in the knowledge of petitioner that he was summoned by trial Court - Moreover, parties have already compromised the matter and separate petition..........
Indian Penal Code, 1860, Section 409, 477A, 120B, Prevention of Corruption Act, 1988, Section 5(1)(d), 5(2) -- Misappropriation of 540 bags of fertilizers (Urea) - Complaint lodged alleging misappropriation of only 540 bags of urea but investigation revealed that entire 1040 bags of urea was misappropriated - It is specifically alleged that accused conspired with criminal..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Minor contradiction with regard to place of occurrence does not affect the core of prosecution case, because what was primarily required to be established by prosecution was not place of occurrence, but offence u/s 307 IPC...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Victim was hit twice on his head with bat and thereafter was pushed down the danga - Version put forthwith by victim was duly corroborated by his wife, who deposed on similar lines as those of victim - Injuries sustained by victim duly proved on record by doctor/PW4, who opined that injuries were sufficient to..........
Indian Penal Code, 1860, Section 376, 323, 342, Evidence Act, 1872, Section 9 -- Rape of 7 years old girl - Test Identification Parade (TIP) - Photograph of accused shown to prosecutrix by her father before TIP - Prosecutrix in her examinatio, i, chief not disclosed name of accused and even his physical appearance - She however, identified accused in Court - TIP cannot be..........
