Indian Penal Code, 1860, Section 420, 467, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Cheating - Conspiracy - A-1 with connivance of deceased sanctioned loan in violating rules and regulations for their personal gains in order to cheat bank - There is sufficient evidence on record against A-1 - However, no evidence on record against..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376A, 302, 201 -- Kidnapping, rape and murder of 13 years old girl - Circumstantial evidence - Deceased was last seen with accused and on earlier occasions too was seen being enticed by accused - DNA evidence using established STR technique has proved that accused committed sexual..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376A, 302, 201 -- Kidnapping, rape and murder of 13 years old girl - Death sentence - Can be awarded even in case based on circumstantial evidence...........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376A, 302, 201 -- Kidnapping, rape and murder of 13 years old girl - Circumstantial evidence - Death sentence - Case does not fall under rarest of rare case due to residual doubts as follows: (i) Crucial witness of last seen theory is partly inconsistent in cross-examination and quickly..........
Indian Penal Code, 1860, Section 302, 34, 149 -- Murder - Main accused not convicted u/s 34 or S.149 IPC, therefore each individual accused can only be convicted for injury attributed to that individual...........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - All accused came to the spot with arms - Even if assumed that accused may not have come with intention of killing, fact that they were armed, indicates that occurrence did not take place in heat of passion upon a sudden quarrel - Both sides were coming to attend a Panchayat to settle a dispute - A-1 should..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - A-2 alleged to have given a blow with an iron pipe on back of neck of deceased - He therefore can only be held guilty of having committed offence u/s 324 IPC, as neither S.34 IPC nor S.149 IPC are applicable in view of High Court and each accused will only be responsible for his own acts and injuries - Since A-2..........
Indian Penal Code, 1860, Section 302, 120B -- Defective investigation - Murder - Investigation of case was carried out either with pre-conceived notions or with a particular result in view - Omissions on part of investigating agency cannot be ignored as mere oversight - Omissions perforce give rise to adverse inference against prosecution...........
Indian Penal Code, 1860, Section 302, 120B -- Murder of husband by wife - Death whether homicidal or suicide - Deceased was done to death by strangulation and thereafter his dead body was hanged from ceiling fan in the room - Death in question is thus, homicidal in nature...........
Indian Penal Code, 1860, Section 302, 120B -- Murder of husband by wife - Circumstantial evidence - Accused being wife of deceased and staying under same roof, was last person deceased was seen with - Deceased was regularly on tour for longer durations of about two weeks in connection with his duties - Last seen theory cannot be operated against accused only because she..........
