Indian Penal Code, 1860, Section 302, 452, 147, 148, 149, 506, Evidence Act, 1872, Section 8 -- Murder - Unlawful assembly - Circumstantial evidence - Motive - There was previous quarrel between accused no.4 and deceased and deceased slapped accused no.4 near a grocery shop in village, which is alleged to be motive for crime - However, prosecution not proved said fact by..........
Indian Penal Code, 1860, Section 302, 452, 147, 148, 149, 506 -- Murder - Unlawful assembly - Circumstantial evidence - Accused allegedly assaulted deceased with deadly weapons on his hands and legs while dragging him for about 2 km from his house to fields, which led to his death - Weapons used in crime were stated to be sword, sticks axe and pipe - However, no..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - False promise of marriage - Prosecutrix admittedly was married and not legally divorced from her husband - During subsistence of earlier marriage there could be no promise of marriage to accused - Allegation that fraud was played on prosecutrix for receiving consent..........
Indian Penal Code, 1860, Section 307, 323, 324, 34 -- Attempt to murder - Reduction of sentence - Incident occurred in 1998 and almost 20 years have passed - Seven injuries were noticed by doctor on the body of injured but all the injuries are not very serious in nature - Injured survived leaving no disability much less permanent on his body due to causing of injuries and..........
Indian Penal Code, 1860, Section 307, 323, 324, 34 -- Attempt to murder - Role and involvement of A-2 is not established beyond reasonable doubt while inflicting injuries to injured witness - A-2 acquitted...........
Indian Penal Code, 1860, Section 366 -- Abduction - Mere abduction not sufficient for an offence u/s 366 IPC - It must be proved that accused abducted woman with intent to compel her to marry against her will or to force or seduce her to illicit intercourse...........
Indian Penal Code, 1860, Section 366 -- Abduction - Once necessary intent of accused is established, offence is complete, whether or not accused succeeded in effecting his purpose and whether or not woman consented to marriage or illicit intercourse...........
Indian Penal Code, 1860, Section 366 -- Abduction - Evidence on record shows that complainant and accused were in relationship which was known to their families also - Primary allegation is that accused took complainant forcibly to his house - But it was not with intent to seduce her to illicit intercourse - Statement of being molested by complainant at the hands of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Case of prosecution entirely hinges on circumstantial evidence which has got several missing links inasmuch as possibility of the accused being innocent cannot be ruled out - Even, in view of conflicting medical opinion, trial Court was not justified in relying only on..........
Criminal Procedure Code, 1973, Section 190, 482, Evidence Act, 1872, Section 25, Indian Penal Code, 1860, Section 407, 34 -- Confessional statement of co-accused before police - Admissibility - Offence u/ss 407, 34 IPC - No confession made to a police officer shall be proved as against accused of any offence - Confessional statement of co-accused before police held,..........
