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..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation against mother-in-law and father-in-law - Deceased died otherwise than under normal circumstances within seven years of her marriage - Testimonies of PW-1, PW-2 and PW-3 do not indicate that any demand for dowry was made by appellants either before or at the time of marriage of deceased with..........
Prevention of Corruption Act, 1988, Section 7, 12, 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B -- Illegal gratification - Discharge - Charge sheet contains no allegation against accused to connect him with payment - Except for the bald allegation of participation in alleged conspiracy without giving any details of conspiracy, accused has been roped in the charge..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - FIR was ante timed FIR - FIR lodged after recovery of dead body, as till police had come, it was not known to anyone where dead body was and after investigation police recovered dead body - Though in investigation it was alleged that gambling was done with the help of playing cards, but neither playing cards had been..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 452 -- Bail - Rape - Victim was won over by accused on account of a long gap of two months and nine days between examination-in-chief and cross-examination and she resiled from the version as deposed in the examination-in-chief which fully incriminates the accused - Considering the..........
Indian Penal Code, 1860, Section 302, 34, 120B, Arms Act, 1959, Section 25(1B)(A) -- Murder - Circumstantial evidence - Ballistic report connects pistol recovered from appellant with the bullet recovered from the body of deceased - Said discovery and recovery is attributable to the disclosure statement provided by co-accused which is governed by Ss.8, 27 of Evidence Act -..........
Indian Penal Code, 1860, Section 406 -- Offence u/s 406 IPC - Mere breach of a promise, agreement or contract does not, ipso facto, constitute the offence of criminal breach of trust contained in S.405 IPC without there being a clear case of entrustment...........
