Indian Penal Code, 1860, Section 302, 201, 149 -- Murder - Evidence of three eye witnesses - Presence of eye witnesses on the spot cannot be doubted, as mother and brother of deceased immediately proceeded towards deceased along with PW6 in order to give him a torch light, since it was pitch dark - Defence in their cross-examination was not successful in proving that..........
Indian Penal Code, 1860, Section 302, 201, 149 -- Murder - Dead body of deceased was recovered in two pieces and the same identified by step mother of deceased - Motive of crime proved on record, as just prior to incident accused `K' threatened deceased not to give evidence against him in criminal case filed against accused in which deceased was a witness - Evidence of PWs..........
Criminal Procedure Code, 1973, Section 311A, Indian Penal Code, 1860, Section 364A -- Specimen signatures - Ransom note - Kidnapping for ransom - Signatures on ransom forwarded to expert for analysis voluntarily by accused without an order of Magistrate, which is not in accordance with law - Same in opinion of Court would only be curable irregularity u/s 460 Cr.P.C and not..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 364A -- Discharge - Kidnapping for ransom - Ransom note - Veracity - Two State Forensic Science Laboratories opined that ransom note in question was not in handwriting of accused - Opinion of expert is not substantive evidence, which Court is not bound to accept - Moreover, expert opinion is to be..........
Transfer of Property Act, 1882, Section 105 -- Lease - Eviction suit - Tenant taken a plea that plaintiff is a foreign national and cannot hold property in India, thus eviction suit not maintainable - Plaintiff admitted that she was not Indian by birth but she acquired Indian citizenship in the year 1989 - No evidence produced by defendant to substantiate his plea - Plea..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 354B, 323, 324, 506, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Bail - Outraging modesty of woman - FIR only speaks about touching and holding prosecutrix's hand and that of her sister which though by no means a conduct that can be approved,..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Abetment of suicide - High Court prematurely quashed FIR without proper investigation being conducted by police - Court abridged investigation which needed to ascertain certain factual assertions made in FIR concerning existence or no, existence of any prior mental..........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 420, 406 -- Second FIR - Not permissible and warranted on same allegations - Second FIR quashed...........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 366, 376, 120B -- Summoning of additional accused - Offence u/ss 366, 376, 120-B IPC - Story put forth by prosecutrix in statement recorded u/s 164 Cr.P.C. is nothing but absolute creation of imagination - Moreover, it is a case of a mature married woman, married against her wishes, eloping with..........
Indian Penal Code, 1860, Section 364A -- Kidnapping for ransom - Threat to cause hurt or death - Where young children are kidnapped or abducted, the threat to cause hurt or death to them would be extended to the persons from whose lawful guardianship they are kidnapped or abducted...........
