Indian Penal Code, 1860, Section 302, 34 -- Murder - PW1 brother of deceased stated that PW4 informed him that accused had assaulted deceased by using a stick - However, PW1 did not state that PW4 was present when he reached the place where he found that deceased was laid in a tempo - Presence of PW4 at the time of incident is doubtful - Prior enmity of PW4 with accused..........
Indian Penal Code, 1860, Section 302, 324, 326 -- Murder - A-2 assaulted deceased on his head and forehead by using dangerous weapon like chopper, then A-4 threw a stone on his right knee and he picked up another stone and punched it on the mouth of her father - Complainant and injured eye witnesses clearly stated the incident and intention of accused was to do away with..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 406, 504, 506 -- Quashing of proceedings - Cheating - Allegations made in the FIR even if taken at its face value, do not disclose the commission of an offence to make out a case against accused - Continuation of proceedings would not be in the interest of justice and..........
Criminal Procedure Code, 1973, Section 31, Indian Penal Code, 1860, Section 363, 366, 376 -- Concurrent or consecutive running of sentences - Offence u/ss 363, 366, 376 IPC - Accused sentenced to 7 years in each offence u/s 363 and S.366 IPC - No facts or circumstances mentioned in the judgment to justify the award of maximum terms of punishment u/s 363 or S.366 IPC -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n), 354A, 511 -- Second anticipatory bail application - Attempt to rape of daughter by father - First anticipatory bail application was dismissed as withdrawn - Second anticipatory bail application filed solely on the ground that accused has come into possession of certain photographs which..........
Indian Penal Code, 1860, Section 393 -- Robbery - Snatching of chain - Whether chain is gold chain or not, same cannot be reckoned, if in the course of an attempt to snatch chain, injury was inflicted, that constitutes an offence punishable u/s 393 IPC - Conviction upheld...........
Indian Penal Code, 1860, Section 393 -- Robbery - Snatching of chain - Compromise - PW1 filed an affidavit stating that she has no further grievance in the matter and she does not want to ruin the friendly relationship her family had with family of accused - Offence in question is not a compoundable one - Therefore, said affidavit cannot be acted upon to absolve accused..........
Indian Penal Code, 1860, Section 302, 394, 411, Arms Act, 1959, Section 25 -- Murder - Name of assailants not mentioned in FIR - PWs recognized accused first time in Court - In the absence of Test Identification Parade, dock identification was an absolutely useless piece of evidence - PW2 stated that accused was introduced to her in Thana and that she was able to recognize..........
Prevention of Money Laundering Act, 2002, Section 3, 2(1)(y), Indian Penal Code, 1860, Section 120B -- Money laundering - Criminal conspiracy - Offence punishable u/s 120-B IPC could become a scheduled offence only if conspiracy alleged is of committing an offence which is specifically included in the schedule to PMLA - Since, conspiracy alleged is of commission of..........
Indian Penal Code, 1860, Section 279, 304A, 427 -- Rash and negligent driving - Identity of accused - PW4 was not present at the spot and has been introduced as an eye witness of occurrence later on - Statement of PW4 is absolutely not reliable regarding identity of accused as a driver of offending vehicle - PW7, owner of offending vehicle turned hostile and denied to have..........
