Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Allegation that appellant failed to procure and supply the machine even after taking the advance money from complainant - But there is nothing on record to show that appellant had any ill intention of cheating or defrauding the complainant from the very inception - Transaction between the parties was purely..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Victim turned hostile and did not support prosecution case - However, in her cross-examination victim admitted that she was injured and taken to hospital - PW4 and PW6 are co-villagers and their presence at the time of occurrence was not challenged by defence - They are natural and competent witnesses who had seen..........
Indian Penal Code, 1860, Section 304B -- Dropping of charge u/s 304-B IPC - Death of deceased took place after more than seven years of her marriage with accused - Trial Court rightly dropped the charge u/s 304-B IPC...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302 -- Framing of charge u/s 302 IPC - Trial Court while framing charge u/s 302 IPC has not prima facie considered the statement of witnesses u/s 161 Cr.P.C and contents of postmortem report regarding death of deceased and nature of injuries of deceased given in post mortem report - No sufficient..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Motive - Lack or absence of motive is inconsequential when direct evidence establishes the crime...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused was caught on the same day of incident along with weapon of offence - Forensic report and other evidence proved that knife recovered from accused was used in the commission of crime and blood found on the same is matched with blood of deceased - Eye witnesses are reliable - Entire evidence put together by prosecution..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 466, 467, 471, 120B -- Quashing of FIR - Civil dispute - Undergone a metamorphosis into a criminal dispute - Not to be scuttled at the threshold - Order quashing FIR set aside...........
Indian Penal Code, 1860, Section 395 -- Dacoity - Identification of accused - Name of accused came in the light as an accused in TIP by PW2 and PW4 - PWs deposed that accused was well aware with them, but some PWs have not identified accused at the time of adducing their deposition before trial Court - Evidence of PW2 and PW4 on the point of identification to accused by..........
Indian Penal Code, 1860, Section 395 -- Dacoity - Major contradictions have surfaced from evidence of PWs which is sufficient to discredit PWs - Doctor has not been examined to prove medical report in respect to injury sustained by injured witnesses - Prosecution case is thus, not corroborated by medical evidence which would be fatal for it - Guilt of accused not proved -..........
Indian Penal Code, 1860, Section 395 -- Dacoity - Non-examination of Investigation officer (I.O) - I.O is a material witness and non-examination of I.O has caused prejudice accused since accused lost opportunity to cross-examine I.O - Factum of non-examination of I.O by prosecution goes to show that prosecution has not come up before Court with clean hands - Prosecution..........
