Indian Penal Code, 1860, Section 406, 498A -- Offence u/s 406, 498-A IPC - Compromise - Quashing of FIR - Parties settled the dispute amicably - Chances of conviction are bleak - Continuation of trial arising out of FIR would be a sheer abuse of process of law - FIR along with consequential proceedings quashed...........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Property dispute - Prior enmity between parties - Two accused persons fired on deceased and injured witnesses - Four empty cartridges of DBBL gun recovered from place of occurrence which was assigned to accused `D' (since died) - No empty cartridges recovered which was said to be used by country made pistol assigned..........
Indian Penal Code, 1860, Section 363, 365, 376(2)(f), 302, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping, rape and murder of 8 years old mentally and physically retarded girl - Accused after brutally raping victim girl, hit her head against motorcycle and then used a stone to smash her head and tried to flee that very night itself - Police..........
Indian Penal Code, 1860, Section 363, 365, 376(2)(f), 302, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping, rape and murder of 8 years old mentally and physically retarded girl - Rarest of rare case - Death sentence - Accused after giving a chocolate to a young girl aged 8 years having permanent disability of 70% and I.Q of 50%, kidnapped her..........
Indian Penal Code, 1860, Section 302, 304I -- Nature of offence - Sudden fight took place between accused and deceased when they came back from village - Accused challenged the deceased to come out from his vehicle and to have a duel with him - Deceased was stabbed by accused with khukhari (weapon of offence) - Act of accused was not premeditated - However, accused had..........
Indian Penal Code, 1860, Section 354, 302, 404 -- Outraging the modesty of woman and murder - Accused alleged to have killed deceased after molesting her and dishonestly misappropriated property belonging to her - Evidence on record shows that accused had an evil eye upon deceased and also winked and teased her on previous occasions - Medical evidence shows that there was..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of `lathi' & wrist watch - It is highly improbable that lathi allegedly used in commission of offence was recovered inside the room of accused openly making no attempt to hide it - No human blood was detected by FSL on said lathi thus, said recovery becomes doubtful - So far as wrist watch of deceased is concerned..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen evidence is not supported by any other evidence - No plausible explanation from prosecution as to why recovered articles were not deposited in Malkhana immediately - Accused caught wearing the blood stained `bandi' but it is highly improbable that he would kept wearing it throughout the..........
Indian Penal Code, 1860, Section 302, 324, 452, 34 -- Double murder - Injuries suffered by deceased incised wounds and one fire arm injury - However, none of injuries on person of deceased could be attributed to lathi which was supposedly in the hands of accused - Testimony of PWs and other material on record shows that involvement of accused in the incident is doubtful -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 25, 26, 27 -- Murder - Confession - As per evidence on record, conspiracy not proved - Even, confessional statements were made before police while in custody and such confessional statements not admissible in law - Moreover, no other cogent evidence produced against the accused - Prosecution failed to prove..........
