Indian Penal Code, 1860, Section 441 -- Offence u/s 441 IPC (As in UP) - Offence of criminal trespass is said to be committed only when the alleged trespasser despite receiving written notice of eviction from owner of the property, did not withdraw from property - In the instant case, informant admitted in his statement recorded u/s 161 Cr.P.C. that he had not given any..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27 -- Double murder case - Disclosure statement - Recovery of dead bodies of deceased - Place from where dead bodies were recovered was known to police - Consequently, it cannot be said that there was discovery by accused of place where dead bodies were kept - Part of statement of..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27 -- Double murder case - Recovery of weapon of offence - Recovery was allegedly made from open space in a garden - Place was thus, easily accessible to many - Neither PW15 nor PW20 have stated that weapon and cartridges were buried underground and were recovered only after..........
Indian Penal Code, 1860, Section 302, 201, 120B -- Murder - Circumstantial evidence - Recovery of various articles at the instance of accused - Specific questions were put to accused in his examination u/s 313 Cr.P.C regarding recovery of various articles at his instance and also regarding FSL report, but he failed to give explanation with regard thereto - However, High..........
Indian Penal Code, 1860, Section 302, 201, 120B, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of various articles at the instance of accused - Dead body of deceased was found much prior to recording of Memorandum of accused u/s 27 of the Act - Therefore, only that part of statement which leads to recovery of dagger and rickshaw would be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 406, 467, 468, 471, 120B -- Quashing of FIR - Offence alleged to be committed on the basis of fabricating and forged documents - However, there is no reference to any document which has been forged - More so, complainant failed to appear before Court to justify the allegations made..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Quarrels by accused, or words uttered in anger or omission without any intention cannot be termed as instigation...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Offence of abetment by instigation depends upon intention of person who abets and not upon the act which is done by person who had been abetted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Allegations as levelled in the FIR are lacking on the point of showing that there was any abetment on the part of accused in the form of instigation, conspiracy or intentional aid as provided u/s 107 IPC - No purpose would be served by detaining..........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - False promise of marriage - Prosecutrix is 30 years old major lady and also working in government department - She herself met accused and started whatspp chatting and video calls - Evidence on record shows causal conversation regarding love and marriage are visible - Marriage was not consummated between parties due to..........
