Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 120B -- Disclosure statement - Recovery of torn page of bahi and ledger - Murder - Dispute regarding some money transaction - Alleged bahi was never produced to prove the provonance of torn piece of blank paper containing signatures of deceased - Similarity of ink on said torn piece of paper and ledger..........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Testimony of eye witnesses - Incident was witnessed by PW8 and PW9 - They have seen accused inflicting knife blows to deceased - Knife was recovered at the instance of accused on the basis of disclosure statement - Injuries were ante mortem in nature and were sufficient to cause death in ordinary course of nature -..........
Indian Penal Code, 1860, Section 376(B) -- Rape - When wife on her own volition went with the husband and stayed with him after the settlement, it cannot be said that husband has committed offence u/s 376(B) IPC...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406 -- Quashing of proceedings - Criminal breach of trust - Contents of FIR does not establish offence of criminal breach of trust - Even, there is nothing in FIR which can satisfy definition of criminal breach of trust - Moreover, charge-sheet shows that no offence u/s 406 IPC was established..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of proceedings - Cheating - As per wife, husband fraudulently took her signatures on divorce deed - Rather, compromise was effected between the parties and suit was withdrawn by husband which shows that they are residing happily - Hence, it cannot be said that husband has deceived..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 148, 149, 506, 326 -- Bail - Offence u/ss 307, 148, 149, 506, 326 IPC - Total 11 prosecution witnesses are there and injured and complainant have been examined therefore, trial may take long time to conclude - Considering custody of petitioner which is more than one year and four months, bail..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Presumption as to - Allegation against father-in-law and mother-in-law of deceased - Death occurred within 7 years of marriage of deceased - Demands for dowry by accused as well as husband and ill-treatment/cruelty on failure to meet the said demands is on record -..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 406, 120B -- Cancellation of bail - Cheating - Additional Sessions Judge cancelled interim bail granted to accused who was declared P.O. - High Court cancelled the said order without giving any notice to complainant and without giving any reason to interface with order of Additional..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Wife of deceased stated that her husband called accused for doing labour job - Accused and deceased left the house in congenial atmosphere - Theory of motive as propounded by wife of deceased per se unconvincing for the reason that had there been any prior..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - PW2, PW15 and PW20 claimed to have seen accused and deceased together - Even accused and deceased were allegedly grappling with each other - Though last seen witnesses were present at the spot, where dead body of deceased was recovered and requisite..........
