Indian Penal Code, 1860, Section 364, 302, 34 -- Kidnapping and murder - Post mortem report indicates that death of deceased was unnatural and commission of murder cannot be ruled out - But there is no direct evidence on record to prove the commission of murder by appellants - Link of causation between appellants and alleged offence is conspicuously missing -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Injuries sustained by deceased were proved to be caused by appellants - Possibility of offence being committed by appellants without pre-meditation in a sudden fight in the heat of passion upon a sudden quarrel cannot be ruled out - There is nothing on record to show that appellants have taken undue..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Two dying declarations - Deceased gave three versions of incident - Version of first dying declaration was that she voluntarily poured kerosene on herself and set her on fire and in middle portion of the same statement, deceased has deposed that, while she poured the kerosene on herself,..........
Indian Penal Code, 1860, Section 420, Passport Act, 1967, Section 12(2) -- Cheating - Prosecution failed to place any evidence to prove that appellant had prior information of A-1 was already possessing a passport or knowingly had furnished false information to the passport authorities that after knowing that A-1 had possessed or holding a passport was applying for second..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder - Testimony of informant remained undemolished in the cross examination on the factum of incidence and is corroborated u/s 157 of Evidence Act by his fardbeyan recorded by police on the same day - There is no material to remotely suggest that informant had any reason to falsely implicate appellant -..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27, Evidence Act, 1872, Section 60 -- Murder - Direct evidence - Informant is a direct eye witness to the incidence and cannot be said to be hearsay, for the reason that he had heard the sound of firing - His testimony is corroborated by attending circumstance of appellant being arrested soon after the incidence..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27, Evidence Act, 1872, Section 6 -- Murder - Fire arm injury - Incidence of firing, immediately followed by arrest of appellant with the rifle which was used in the shooting, all form part of same transaction and therefore relevant u/s 6 of Evidence Act - I.O has given the description of place of occurrence to..........
Indian Penal Code, 1860, Section 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 506, 120-B IPC - Contents of FIR speaks about insult or intimidation - FIR cannot be quashed...........
Indian Penal Code, 1860, Section 302 -- Murder of pregnant woman - Allegations against mother-in-law and father-in-law - No demand of dowry proved by PWs - Prosecution failed to prove involvement of appellants except the statement of mother of deceased which is not relevant because remote events cannot directly connect the happening of incident in question - Benefit of..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Discharge - Dowry death - There is clear averments in FIR that marriage between accused and deceased has taken place - At the time of incident, deceased was residing with accused - Even otherwise, question as to whether deceased was legally..........
