Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Prosecution projected case to be of `honour killing' by accused - However, there is no evidence on record that deceased eloped and married without parents consent - PW1 not supported prosecution case - Blood stained clothes though recovered but neither knife nor blood stained clothes were produced..........
Indian Penal Code, 1860, Section 302, 504, 506 -- Murder - Variance in the statements of PWs regarding happening of incident - According to PW1 he had seen the accused giving pickaxe blow on the head - However PW3 another eye witness deposed that PW1 was not present on the spot - Neither in FIR nor in the statements there is any mention about presence of PW3 - Contents of..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Prosecution failed to prove that accused was driving vehicle rashly and negligently and in high speed - Two different probabilities available on record i.e one on side of accused and other on side of prosecution - Once there are two different probabilities available on record, version which goes to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 342, 323, 120B -- Bail - Offence u/s 363, 366, 342, 323, 120-B IPC - Petitioner participated in the process of investigation - Co-accused already released on bail - Status report on record reveals that no recovery etc., is to be effected from petitioner - Bail granted to petitioner with..........
Indian Penal Code, 1860, Section 395 -- Dacoity - Complicity of accused fully established by prosecution in view of evidence of three identifying witnesses coupled with the fact that no infirmity pointed out in holding test identification parade (TIP) - Stolen ornaments also recovered from possession of accused, which was identified in TIP - Accused rightly convicted -..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder - Extra-judicial confession - Made in presence of police officials after arrest of accused - Not admissible under law and accused cannot be convicted on that basis - Otherwise also there is no evidence on record to prove the guilt of accused, as FIR was registered but names of accused not..........
Criminal Procedure Code, 1973, Section 321, Indian Penal Code, 1860, Section 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Withdrawal from prosecution - Cheating - Forgery - Tampering of mark sheet - Alleged forged mark sheet not recovered by prosecution - Even respondent no.2 in whose favour alleged mark sheet is forged had not taken any..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 323, 356, 504, 506, 326, 34 -- Anticipatory bail - Offence u/s 323, 356, 504, 506, 326, 34 IPC - Investigation almost complete but recovery of weapon as well as property allegedly stolen by co-accused is yet to be made - Petitioner associated himself with investigation of case as and when..........
Indian Penal Code, 1860, Section 279, 337 -- Accident - Rash and negligent driving - No specific evidence on record to prove the fact that vehicle in question was driven rashly and negligently and that too on a high speed by accused at the relevant time - PWs who are closely related to each other stated that at the time of accident vehicle was giving pass to a small..........
Indian Penal Code, 1860, Section 364A, 302, 201 -- Kidnapping for ransom - Murder of 10 years old child - Prosecution proved that accused kidnapped the deceased for ransom and demanded Rs.1 lac from the father of deceased PW1 and killed the deceased and dumped his body in a well - Cause of death was drowning - Dead body of deceased was recognized by his father PW1 - Voice..........
