Indian Penal Code, 1860, Section 302 -- Murder - Setting on fire by putting kerosene oil - No evidence to show any scuffle or fight at the place of occurrence - Had accused poured kerosene on deceased and lit the fire, one would have expected that there would be evidence of some commotion and spillage of kerosene - Crime team has not reported spillage of kerosene in the..........
Gujarat Prevention of Anti-Social Activities Act, 1985, Section 3(2) -- Preventive detention - Offence u/ss 323, 324, 326, 354, 366, 506(2), 294B, 114 IPC - Merely because one case is registered against the detenu u/s 324 IPC and two in camera statements have been recorded of the witnesses whose identity has not been disclosed by itself does not have any bearing on..........
Indian Penal Code, 1860, Section 336 -- Offence u/ss 336 IPC - Vicarious liability - Director of a company cannot be vicariously liable for the act of pharmacist who sold expired drug or even the doctor who preparing for administering the vaccination...........
Indian Penal Code, 1860, Section 336 -- Offence u/ss 336 IPC - Vicarious liability - Neither in investigation nor in evidence of complainant it has come on record that Hospital or its directors were involved in larger conspiracy or that they committed the offence with requisite mens rea required for offence alleged - Impugned order of summoning and proceedings pursuant..........
Indian Penal Code, 1860, Section 363, 342, 377 -- Kidnapping - Unnatural offence with 3-1/2 year old child - Mere fact that victim was not wearing anything below his t-shirt, would not be seriously problematic of case of prosecution, particularly when FSL report clearly indicates human semen on anal swab of victim and DNA profile generated from anal swab contained alleles..........
Indian Penal Code, 1860, Section 363, 342, 377 -- Kidnapping - Unnatural offence with 3-1/2 year old child - Victim was subjected to traumatic and brutal sexual assault by accused - He was seen in the company of accused during day after he went missing from outside his house - He was recovered from room of accused which was locked from inside and opened by accused himself..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note handwritten - Accused acquitted as : (i) Only signatures tallied; (ii) Entire scription not compared with handwriting of deceased; (iii) Prosecution failed to prove that contents of suicide note were also written in the handwriting of deceased; (iv) There was no standard signature on the suicide..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere initiation of matrimonial litigation by accused/wife against deceased as well as his family members do not constitute and prove abetment on her part, particularly when she was residing separately at the time of incident - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Unlawful assembly - Testimony of eye witnesses - Accused many in number came to the house of deceased with deadly weapons like swords, knife, motor cycle chain and sticks etc. - Brother of deceased/PW2 being unarmed would have naturally become frightened and may not have dared to interfere - Evidence of eye..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Unlawful assembly - Recovery of weapons - Swords were recovered on the disclosure statements of accused persons - Chemical Analysis Report showed that blood-stains found on the quilt seized from the scene of occurrence was that of blood group `A' - `A' blood group was also detected on swords which were..........
