Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of weapon of offence - Weapon of offence discovered on disclosure statement made by accused while in police custody - Seizure witnesses and witnesses to disclosure statement have turned hostile - Moreover, blood stained knife was sent for chemical examination, but blood grouping could not..........
Indian Penal Code, 1860, Section 302 -- Murder - PW1 stated that accused who happens to be his uncle was cutting neck of his father by a knife and when he rushed near spot, they fled away - However, PW1 in his cross-examination denied suggestion that neither he has mentioned in FIR nor stated before I.O that when he went to spot he saw accused was cutting neck of his..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Napkin of accused was stained with human blood of `B' group - Accused and deceased were brothers and there is every possibility that blood group of accused may be group of `B' - Since blood group of accused was not determined and seizure witness turned hostile, recovery held, not proved -..........
Indian Penal Code, 1860, Section 302 -- Murder - Evidence of eye witnesses - Inconsistencies in evidence of two eye witnesses - Seized tangia, blood stained earth and lungi of accused were not stained with any blood - There is no clear, cogent and clinching evidence unerringly pointing towards guilt of accused - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 304(Part I), 304(Part II) -- Nature of offence - No past animosity between deceased and accused - There is little evidence to establish that accused had any intention of causing death or causing bodily injury that was likely to cause death - Deceased and accused were friends and were having drinks together - Blows delivered by accused were..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Accused surrendered voluntarily before police on very same day of incident and had made no escape from law - He has no criminal antecedents - Accused already undergone actual custody of more than 5 years - Since conviction modified from S.304(Part I) to S.304(Part II) IPC, sentence awarded to..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 420, 406, 498A -- Quashing of FIR - Compromise - Offence u/ss 420, 406, 498-A IPC - Compromise entered between parties is genuine, voluntary and without coercion and undue influence - Complainant already made statement with regard to compromise, therefore, no prejudice would be caused to her,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376D, 506 -- Quashing of proceedings - Rape case - Prima facie case against accused is made out from perusal of allegations made in complaint and statement of complainant u/s 200 Cr.P.C and his witnesses u/s 202 Cr.P.C - Allegations levelled against accused can be adjudicated only after trial and..........
Probation of Offenders Act, 1958, Section 4, 12, Indian Penal Code, 1860, Section 354A -- Benefit of probation - Outraging modesty of woman - Accused used criminal force upon victim which by no stretch of imagination can be stated to be decent behaviour - Moreover, offences of sexual harassment of a woman is not to be taken lightly, as such offences are heinous in nature..........
Indian Penal Code, 1860, Section 363, 376(2)(n), 377, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(ii), Criminal Procedure Code, 1973, Section 439 -- Bail - Kidnapping and rape - Prosecutrix has turned hostile and did not support prosecution version - Petitioner is in custody since 2019 - Trial of case is likely to take some..........
