Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of FIR - FIR registered under IPC after coming into force of BNS - FIR is nothing but an abuse of process of law, hence quashed...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 447, 34 -- Two dying declarations - Murder - Deceased had given two dying declarations one before police and another before Magistrate and contents of both dying declarations are having material contradictions - However, there is no strong corroborative evidence, to support the claim of prosecution that..........
Indian Penal Code, 1860, Section 302, 447, 34 -- Murder - Wife of deceased, is the sole eye witness, however, some contradictions are found in her statement - Police authority recovered the lathi (weapon) used for causing death of deceased on the basis of disclosure information given by accused in the presence of two witnesses but the none of witnesses was present before..........
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 195, 196, 467, 471, 120B -- Perjury - Prosecution has failed to prove that accused have intentionally fabricated the record and conspired with one another in order to secure conviction of three persons - Even, there is no material on record to suggest that accused have mis-guided the Court and..........
Indian Penal Code, 1860, Section 304(2), Motor Vehicles Act, 1988, Section 187, Criminal Procedure Code, 1973, Section 228 -- Offence u/s 304(2) IPC and S.187 of Motor Vehicles Act - Previous enmity between accused and deceased who was riding the motorcycle - Motorcycle was dragged for a distance of about 70 feet and all the occupants of the motorcycle died on the spot -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Last seen evidence - Burden of proof - Allegation that deceased died due to strangulation by accused - However, accused reached home after the death of his wife/deceased - There is no evidence to prove theory of last seen together - Prosecution has not discharged the burden..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34 -- Bail - Murder - Accused is stated to be implicated on the basis of statement of co-accused - However, accused has been in custody since 2019 and out of 39 witnesses, none have been examined - Trial of case is likely to take time - Keeping in view of long custody of accused,..........
Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - Allegations against family members of husband - Mere remarks in the complaint against applicants about supporting the husband while narrating some of incidents would not perse amount to committing the offences which they have been alleged of - It would be unfair to continue the prosecution against applicants for the..........
Indian Penal Code, 1860, Section 498A, 376, 34 -- Cruelty - Allegations against family members of husband - General and vague allegations made against applicants without specific examples of cruelty and harassment - No serious allegations as such against applicants - These are merely omnibus allegations which are not supported by any evidence, as regards the ill-treatment..........
Indian Penal Code, 1860, Section 307, 506 -- Attempt to murder - Sole eye witness of the occurrence i.e. complainant died during pendency of the case and his testimony could not be recorded in the Court - Identity of accused could not be established - Benefit of doubt thus, given to accused - Accused acquitted...........
