Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Oral dying declaration - Murder - Prosecution relied upon three witnesses regarding oral dying declaration of deceased - Two witnesses not supported prosecution story and thus, declared hostile - No evidence on record that deceased was conscious - It is very much doubtful that deceased who became..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - PW2 not seen the occurrence and he only mentioned that deceased was in drunken condition went away from Dhaba - Other two last seen witnesses were declared hostile and not supported the prosecution story - Story stated by last seen witnesses do not connect accused at all - Last..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Conduct of complainant - Initially no report was lodged by complainant regarding occurrence - When inquest report of deceased was submitted by constable complainant stated that deceased died due to an accident - Complainant filed the written report after 9 days of occurrence mentioning that accused..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27, 25 -- Murder - Circumstantial evidence - Disclosure statement - Recovery of `Sabbal' (Iron rod) - Information regarding sabbal was given to police - On perusal of discovery statement, it revealed that it amounts to confession made by accused before police officer, therefore, same is hit by S.25 of..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Deceased died after receiving several injuries on his body - Complainant, who is brother of deceased initially stated that deceased died due to accident - DW3, who is a male nurse, also stated that it was a case of accident - It thus, appears that deceased who was in drunken condition left Dhaba and..........
Indian Penal Code, 1860, Section 420, 338, 201, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of charge sheet - Accused, a doctor, performed operation in good faith to save life of patient and her baby with the consent of her family members - Ss.88, 92 IPC thus attracted - Nothing on record that accused concealed the fact regarding treatment - Element..........
Indian Penal Code, 1860, Section 302, 394, 397, 411, 120B -- Murder - Robbery - Prosecution proved that murder and robbery formed part of same transaction and stolen property recovered from house of accused - No defence was raised and only bald denials u/s 313 Cr.P.C. were raised with regard to robbed property and weapons - It amounts to additional link in the chain of..........
Indian Penal Code, 1860, Section 302, 394, 397, 411, 120B -- Murder - Robbery - Circumstantial evidence - Accused and co-accused were known to each other - Scientific and medical evidence on record shows that death of deceased was caused by knives used by accused in commission of crime - Prosecution recovered major part of robbed property and same has been identified by..........
Indian Penal Code, 1860, Section 302, 394, 397, 411, 120B, 31 -- Murder - Robbery - Concurrent running of sentences - Trial Court committed grave error while directing sentences to run consecutively, as there was no direction that accused will first undergo sentence u/s 411 IPC and u/ss 394, 397 IPC before undergoing life sentences u/ss 302, 120-B IPC - Ends of justice..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 342, 149, 384, 511, 506 -- Anticipatory bail - Offence u/ss 341, 342, 149, 384, 511, 506 IPC - Specific allegations against petitioner that he organizing Dharnas/Demonstrations etc. outside the school premises regarding hike of fee structure - Various other educational institutions have..........
