Criminal Procedure Code, 1973, Section 125, 195, 340, Indian Penal Code, 1860, Section 191, 192, 193 -- Maintenance - False evidence by wife as to income - Direction to take action for offence u/ss 191, 192 & 193 IPC - Laws in favour of distressed wife when misused by declaring completely incorrect facts and also by suppressing the material aspect, the trial Court at the..........
Indian Penal Code, 1860, Section 341, 324 -- Recovery of axe at the instance of accused - Substantial lacunae found in the prosecution story by trial Court on the basis of which co-accused acquitted - Accused convicted for recovery of axe at his instance - However, recovery of axe not proved from the evidence of attesting witnesses - Recovered axe not sealed on the spot..........
Indian Penal Code, 1860, Section 307, 326 -- Offence u/ss 307, 326 IPC - Medical evidence shows that one of injuries on the head of PW9 was grievous and sufficient to cause death in natural course - All PWs stated that assailant was accused, as PWs seen accused fleeing away down the stairs after the incident - Though some discrepancies and contradictions were found in the..........
Indian Penal Code, 1860, Section 377 -- Unnatural offence - Merely because report of potency test of accused is not produced by prosecution, it cannot be presumed that accused are unfit to commit offence of S.377 IPC...........
Indian Penal Code, 1860, Section 364, 377, 302, 201, 34 -- Kidnapping of child - Unnatural offence - Murder - Circumstantial evidence - Motive - Accused No.1 was appointed Imam in the mosque and deceased used to go to accused No.1 to study Quaran - He used to beat, abuse and do villainy with children and two months before the incident accused No.1 committed sodomy with..........
Indian Penal Code, 1860, Section 364, 377, 302, 201, 34 -- Kidnapping of child - Unnatural offence - Murder - Circumstantial evidence - Last seen theory - There is a gap of almost 36 hours only between point of time when accused and deceased were last seen alive and when deceased was found dead - Said time gap is so small that possibility of any person other than accused..........
Indian Penal Code, 1860, Section 364, 377, 302, 201, 34 -- Kidnapping of child - Unnatural offence - Murder - Circumstantial evidence - Recovery of slippers and cap of deceased at the instance of accused - Site plan of place of occurrence and recovery of articles was prepared - Places of recoveries of slippers and cap of deceased are very near to place of recovery of dead..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 364, 377, 302, 201, 34 -- Delayed FIR - Delay of 36 hours in lodging FIR - Offence u/ss 364, 377, 302, 201, 34 IPC - Complainant is an illiterate person of rural background - Marriage of two elder sons was fixed on next day of incident - Moreover, village of complainant is 15 kilometers away from..........
Indian Penal Code, 1860, Section 364, 377, 302, 201, 34 -- Kidnapping of child - Unnatural offence - Murder - Circumstantial evidence - Plea of animosity between complainant and accused - Accused took an after thought defence of animosity between parties which resulted in the murder of deceased - Said defence is not proved rather it is unfounded - They denied the fact of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against acquittal - Leave to appeal - No specific allegation against accused for inflicting any injury to deceased - Even eye witnesses not levelled any allegation against accused - Prosecution thus failed to prove its case against accused - No case is made out against accused - Accused rightly acquitted -..........
