Criminal Procedure Code, 1973, Section 28(3), 407, Indian Penal Code, 1860, Section 313, 326 -- Power of Session Court to pass sentence - As per S.28(3) Cr.P.C. Assistant Session Judge is not empowered to pass sentence of imprisonment for life or for imprisonment for term exceeding 10 years - However, in the instant case, petitioner is charge-sheeted for offence u/ss 313,..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 320, 34, 201 -- Framing of charges - Murder case - Reference to order of pre-arrest bail is of little consequence in the matter of framing of charges against petitioner on the basis of materials on record which give rise to a strong suspicion of commission of offence punishable u/ss 302, 34 IPC...........
Indian Penal Code, 1860, Section 320, 34, 201 -- Murder - Framing of charges - Involvement of petitioner with other co-accused in assault of victim to death on the accusation of committing theft of mobile phones is established on record - Confessional statement of co-accused to the extent it exonerate the petitioner cannot be relied upon by him u/s 30 of Evidence Act,..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Fatal accident - Two tempos collided with each other - Tempo in which deceased was travelling was carrying 8 to 10 passengers having passenger capacity of 1 plus 3 - Deceased was protruding out of tempo and as such it was a rash and negligent act of driver of tempo in which deceased was travelling..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death by 90% burn injuries - Family members of deceased turned hostile - Even PWs not supported prosecution case - Dying declaration of deceased appears to be tutored one - Evidence on record shows that accused immediately took deceased to hospital and shifted her to private hospital on being not satisfied with treatment..........
Indian Penal Code, 1860, Section 307, 452 -- Attempt to murder - Accused allegedly 15/20 in number attacked the house of complainant armed with deadly weapons - However, no injury was caused to complainant or to his son - Though firing of gunshot at son of complainant was attributed to accused but same was escaped from being hit - Accused come in two vehicles as per..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Motive - Material variation in version of prosecution regarding motive for accused to attack deceased - Hence, credibility of prosecution case at very inception itself received severe jolt - Prosecution failed to prove motive - Accused acquitted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Complete inconsistency regarding presence of PWs at scene of offence, manner in which attack took place and person who accompanied deceased to hospital - These inherent contradictions in evidence of PWs throw serious doubt on veracity of their testimony - Prosecution..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Mere seizure of weapon from person does not establish nexus between offence and person from whose possession weapon is seized, unless prosecution establishes that it is with that weapon that offence is committed - In the instant case, investigation agency failed to..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - As per material on record, there is absence of evidence as to approximate age of injuries - Even, it is doubtful whether PW3 received injuries during course of attack on deceased - Moreover, PWs 4 to 6 turned hostile and thereby evidence of PWs 1 to 3 not received any..........
