Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27 -- Murder - Gu, shot injury - Sentence - Accused has undergone more than 14 years of jail sentence and he is still in Jail undergoing his sentence - He is thus, eligible for his release by State in terms of Rules in accordance with law depending upon a case made out by him - Liberty granted to accused to..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 307, 34 -- Test Identification Parade (TIP) - Murder - TIP of accused conducted after 5 days from the incident - No explanation given for such delay - A-3 not identified during TIP - However, A-3 was identified in Court - This itself raises doubt about genuineness of TIP proceedings as well as dock..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Testimony of sole eye witness - PW7, injured witness is not reliable as there is no corroboration to the statement of PW7 - He being in such a highly toxic condition at the time of incident, his being asleep and suddenly woken up on account of deceased being attacked, raises doubt about capacity of PW7 to clearly..........
Indian Penal Code, 1860, Section 304B, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(10) -- Dowry death - Appeal against acquittal - Burn injuries - Deceased admitted to hospital but died next day - No effort made to take her dying declaration - Doctor who treated deceased at Mussoorie, Dehradun and Delhi not examined - It was..........
Indian Penal Code, 1860, Section 364A -- Kidnapping - Appeal against acquittal - Three accused convicted and others acquitted as they were only found playing cards near railway station and there is no evidence against them as to their role in kidnapping or that they were part of conspiracy to it - Prosecution against these accused persons not established beyond reasonable..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Offence u/ss 323, 341, 325, 34 IPC - No material on record to establish that accused in any manner has caused any injury to complainant - Order summoning accused set aside...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Cheating - Dismissal of complaint by closing evidence of complainant - Not even a single effective opportunity afforded to complainant to lead evidence - Order dismissing compliant set aside - Complaint restored...........
Criminal Procedure Code, 1973, Section 215 -- Non-framing of charge u/ss 302, 34 IPC - Objection regarding no, framing of charges not raised at the earliest point of time i.e before Trial Court and High Court - No grievance raised by accused that no, framing of charge caused prejudice to him - Moreover, facts of case shows that accused clearly understood that charge u/s..........
Indian Penal Code, 1860, Section 304B, 306 -- Nature of offence - Allegation against father-in-law - Deceased committed suicide by hanging herself within six months of her marriage - Immediate cause for incident appears to be fact that daughter of accused brought silver ornaments of deceased from her father's home just before her death - It seems something was triggered by..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 376 -- Rape of minor - Torn hymen as piece of evidence - When there are serious allegations of penetrative sexual assault and hymen of prosecutrix is found torn, who is aged 11 years, is certainly an incriminating circumstance and corroborative piece of evidence in relation to statement of prosecutrix and..........
