Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 447, 323, 34 -- Appeal against acquittal - Two views possible from the evidence of PWs - View which is favourable to accused and if it appears to Court that view taken by trial court is a reasonably possible, then, such view should not be disturbed by appellate court...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - As per FSL report aluminium phosphide detected in post mortem - Relationship between accused and deceased prima facie appears to be consensual - Both were of age of majority - Investigation of the case already stands completed - Charges are framed and trial..........
Indian Penal Code, 1860, Section 498A, 307, 354 -- Cruelty - Attempt to murder - None of PWs have stated that they had seen accused to misbehave and torture victim nor they have stated that accused at any point of time made complaint about alleged torture inflicted upon her by accused - Prosecution failed to establish charges levelled against accused - Accused rightly..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 395, 397, 307, 34, 120B, Arms Act, 1959, Section 25, 25(1)(a) -- Bail - Offence u/ss 342, 395, 397, 307, 34, 120-B IPC and Ss.25, 25(1)(a) Arms Act - Even though antecedents of accused may be one amongst relevant considerations while adjudicating a petition on merits for grant of bail,..........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Conversion of sentence into fine - Accused has already undergone sufficient period in jail as under trial and after conviction by appellate Court - Sentence of accused thus, converted into fine of Rs.50,000/-...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 120B -- Summoning of additional accused - Summoning only on the basis of statement of PW1 and PW3 without considering other circumstances and material available collected by I.O. - Court also not identified parentage of petitioner - Summoning order set aside - matter remitted for decision..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Fact that offending vehicle struck standing vehicles is itself sufficient to establish rashness and negligence - Death of two persons caused on account of such rash and negligent driving of accused and he has been duly and properly identified by witnesses - Accused rightly convicted...........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Death of two persons - Accused was duly identified by complainant at the spot when he fled away leaving damaged offending vehicle - Owner of offending vehicle stated in his statement recorded u/s 161 Cr.P.C that accused was driver of offending vehicle though he resiled from his statement while..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Reduction of sentence - It is a case of two deaths and benefit of reduced sentence has already been accorded to accused - Reduction of sentence not warranted...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused confessed the crime before his wife - Conduct of accused in confessing the crime and requiring her wife to inform the villagers and relatives and accused himself immediately surrendered to police were duly corroborated by PWs - Evidence adduced unmistakably points arrow of guilt at accused - Weapon of offence..........
