Indian Penal Code, 1860, Section 304 -- Offence u/ss 304 Part-II, 34 IPC - Dead body of deceased recovered from the lake - PW1, approver alleges that wife and children of deceased caused death of deceased by strangulation and he assisted them in disposing off the dead body by putting in Lake - However, medical evidence not supported the evidence of PW1, as no ligature mark..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder - Circumstantial evidence - Dead bodies of two females lying in the room which was bolted inside and recovered after breaking down the door - Said fact weakens the alleged theory of homicide - No injury of any kind except the mark of strangulation was found on the body of deceased persons - No reliable evidence..........
Indian Penal Code, 1860, Section 419, 420, 465, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Will - Issue about forgery and fraud regarding Will decided on merits by civil Court - FIR on same allegations that Will was forged and fabricated - Cannot be allowed - FIR quashed...........
Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry death - Cruelty - Abetment of suicide - Reduction of sentence - Accused is 99 years of age now - He already suffered sentence of one year nine month - Sentence of accused reduced to period already undergone by him, considering his age and role played by him...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Prior enmity between parties due to election of Sarpanch - Incident occurred during winter evening - 17 accused allegedly assaulted complainant party - Identification of 17 accused persons would be extremely difficult, as it was dark - Only independent witness turned hostile and two eye witnesses not examined by..........
Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Extra judicial confession - Accused confessed before brother of deceased that he throttled neck of deceased by lathi - However, medical evidence shows that strangulation was not found to have been done with an object like lathi and it was subjected with soft..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen theory - Brother of deceased PW6, stated that he last saw deceased with accused - However, said fact is not disclosed in FIR, rather PW6 did not convey the same to anybody despite disappearance of his deceased brother - Last seen theory not reliable - Story of prosecution is full of..........
Indian Penal Code, 1860, Section 408 -- Criminal breach of trust - Allegation that accused being President of Co-operative society, withdrawn the society funds and misappropriated the same - However, prosecution failed to lead any cogent material regarding misappropriation of cash by petitioner, even though entrustment part has been proved - Basic ingredient of S.408 IPC,..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 357 -- Conviction u/s 302 IPC - Imposition of fine - It is not mandatory to impose fine in addition to substantive sentence of imprisonment for offence punishable u/s 302 IPC, though it is desirable to impose fine having regard to facts and circumstances of case and power conferred u/s 357 Cr.P.C...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- Ante-timed FIR - Murder - FIR lodged after deceased admitted to hospital and declared dead by Doctor - Promptness with which FIR was lodged by PW1 rules out the possibility of any deliberations and consultations or police interference having preceded lodging of FIR with the object of..........
