Indian Penal Code, 1860, Section 326 -- r/w S.34, Criminal Procedure Code, 1973, S.427 - Sentence on offender already sentenced for another offence - Sentence of imprisonment on two counts to run concurrently - However, sentence reduced from three to two years on two counts and directed to run consecutively...........
Indian Penal Code, 1860, Section 302 -- Serious contradictions between oral evidence of eye witness and report of ballistic expert which created doubt in use of firm arm alleged to have been used in murder - Eye witnesses examined were relatives of deceased and independent witnesses not examined - Serious doubt arose as to presence of eye witnesses - Conviction set aside...........
Indian Penal Code, 1860, Section 149 -- Common object of an unlawful assembly can be gathered from the nature of the assembly, arms used by them and the behaviour of the assembly at or before scene of occurrence...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Unlawful assembly - If death is caused in prosecution of common object of unlawful assembly, it is not necessary to record a definite and specific finding as to which particular accused out of the members of the unlawful assembly caused the fatal injury - Once an unlawful assembly has come into existence then each..........
Indian Penal Code, 1860, Section 302, 149 -- Unlawful assembly - Common object - Murder - All the 5 accused carried formidable weapons, broke down the wall, entered the house and killed two children due to a long standing enmity - Shows that accused formed unlawful assembly with common object to commit the murder...........
Indian Penal Code, 1860, Section 376 -- Rape - Approach of Court in rape cases has to be different - Broader probabilities are required to be examined - Courts are not to be get swayed by minor contradiction or insignificant discrepancies - Any deficiency or irregularity in investigation need not necessarily lead to rejection of prosecution case when it is otherwise..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 9 -- Rape - Identification of accused - Identification of the accused either in test identification parade or in Court is not a sine qua non in every case if from the circumstances the guilt is otherwise established - Many a times, crimes are committed under cover of darkness when none is able to identify..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378 -- Murder - Reversal of conviction - High Court reversed conviction on grounds of discrepancy in the time and place of occurrence, delay in forwarding FIR to the Magistrate and doubt about source of light in order to identify the accused - Held, using mild expression and standard of..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 320, 482 -- Offence u/ss 498-A and 406 - Wife and husband agreed to divorce by mutual consent - Petition to quash proceedings - High Court can quash criminal proceedings or FIR or complaint in exercise of its inherent powers and S.320 Cr.P.C. does not limit or affect the powers u/s 482 of..........
Indian Penal Code, 1860, Section 302 -- Medical evidence and ocular evidence - Prosecution version that murder was committed shortly after the deceased had taken his meal - Medical evidence that stomach was empty - Prosecution failed to clarify the discrepancy - Time of death was a material factor to verify presence of eye witness - Conviction set aside...........
