Indian Penal Code, 1860, Section 307 -- Attempt to murder - Prosecution story has been demolished by oral testimonies of witnesses including the medical experts, coupled with the contents of FIR registered by a hearsay witness - No motive attributed to appellant or to co-accused, in order to justify their conviction u/s 307 IPC - Both the injured witnesses during their..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Oral evidence of eye witnesses - There is not even a whisper about the alleged eyewitnesses joining the investigation - Said witnesses were apparently ghost witnesses who neither had their statements recorded by I.O u/s 161 Cr.P.C. nor were they produced by prosecution before Trial Court - Similarly, no attempt..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, 120B, Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992, Section 4, 6 -- Bail - Leakage of REET question paper - Case at the stage of framing of charge - Accused in custody for more than a year - No likelihood of conclusion of trial within a short time - Bail granted...........
Evidence Act, 1872, Section 106, Indian Penal Code, 1860, Section 302 -- If murder is committed inside a house, there would be a corresponding burden on the inmates of house to give a cogent explanation as to how the crime was committed in view of S.106 of Evidence Act...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - If an offence like murder is committed inside a house, initial burden to establish the case would undoubtedly be on the prosecution - But nature and quantity of evidence to be led by it to establish the charge cannot be of same degree as is required in other cases - Burden..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Burden of proof - Informant stated that deceased was badly assaulted before she was killed - Post-mortem report completely belies such statement as no external injury was found on any exposed part of body of deceased - Though there is no explanation about the circumstance..........
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..........
