Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- Delay in lodging FIR - Murder by poisoning - FIR lodged when the report of Chemical examiner was received - There was no mala fide intention on the part of any of witnesses or the police not to register the FIR or to delay the registration of FIR - Mere delay in registering the FIR could..........
Indian Penal Code, 1860, Section 302 -- Murder by poisoning - Prosecution must prove following four circumstances in case of murder by poisoning: (1) there is a clear motive for an accused to administer poison to the deceased; (2) that the deceased died of poison said to have been administered; (3) that the accused had the poison in his possession; (4) that he had an..........
Indian Penal Code, 1860, Section 302 -- Murder by poisoning - Motive of crime not proved - None of PWs had any personal knowledge about alleged incident and about the cause of the deteriorating health condition - Doctor who carried out post mortem of deceased had not given any opinion on cause of death - Prosecution even failed to conclusively prove that substances found..........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Offence u/ss 304(Part II), 34 IPC - Numerous contradictions and inconsistencies borne from record rendering eye witnesses to be unreliable - Recovery of alleged weapons made either from open place or from an area where other persons also resided, reliance thereupon could not be made - Circumstantial evidence present on..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place at the spur of moment when hot exchanges started between parties and accused opened fire on deceased - Both the parties are related to each other and there is a land dispute between parties pertaining to right of way - Case would squarely fall within ambit of culpable homicide not..........
Constitution of India, 1950, Article 32 -- Clubbing of FIRs - Multiple FIRs against petitioner in different States cannot be clubbed together when not only offences under provisions of IPC are invoked but also provisions of respective State enactments are involved...........
Indian Penal Code, 1860, Section 294 -- Offence u/s 294 IPC - Staff room is not a public place and common public or citizens do not have access to it without permission of school - In these circumstances, offence u/s 294 IPC is not made out against accused - Proceedings quashed...........
Indian Penal Code, 1860, Section 506 -- Offence u/s 506 IPC - Complainant nowhere stated that an alarm was caused to him when abuses were made against reputation of complainant - In these circumstances, offence u/s 506 IPC is not made out against accused...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 427, 458, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Quashing of FIR - Compromise - Offence u/ss 323, 341, 427, 458 IPC and S.3(2)(v) of SC/ST Act - FIR can be quashed even in offences under SC/ST Act - However, compromise must be with..........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Teeth of human being cannot be considered as deadly weapon as per description of deadly weapon enumerated u/s 326 IPC...........
